Proof Analysis Denial of Investigation Report by the Defendant During Trial Based on Jurisprudence Number: 229 K/Kr/1959 (Verdict Study of Sidoarjo District Court Number: 390/Pid.B./2015/PN.Sda)
- DOI
- 10.2991/assehr.k.201209.140How to use a DOI?
- Keywords
- Proof, Denial of Investigation report, Jurisprudence Number 229 K/Kr/1959
- Abstract
In the context of criminal law, proof is one of the most important process in the criminal justice proceedings because what is sought in criminal law is material truth. Basically, this aspect of proof actually starts from the stage of investigation. In the violent theft case with the defendant Achmad Afandi and Agnes Dwi Ridwan, they deny the investigation report. However, the investigators who examined this case didn’t present in the trial when they got call as witness by the judges. Regarding the denial of the investigation report, the judges must pay attention to the reason behind it. Whether or not the denial of the investigation report accepted can affect the judge’s judgment in deciding a criminal trial. The research method used is normative legal research. The results showed that there is dissenting opinion by judge’s consideration regarding the denial of investigation report. The strength of evidence based on jurisprudence Number 229 K / Kr / 1959 are free, cannot stand alone, there must be a judge’s conviction, and is used to help find evidence or as a guideline for the guilty fault. There are different opinions regarding the evidence where one of the judges does not agree to the denial of the investigation report by the defendant. The dissenting opinion of the judges is in accordance with the strength of evidence in the Jurisprudence Number: 229 K / Kr / 1959. Regarding the denial of the investigation report, the judge must be objective and wise.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - R. Rahaditya AU - Janesia PY - 2020 DA - 2020/12/12 TI - Proof Analysis Denial of Investigation Report by the Defendant During Trial Based on Jurisprudence Number: 229 K/Kr/1959 (Verdict Study of Sidoarjo District Court Number: 390/Pid.B./2015/PN.Sda) BT - Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020) PB - Atlantis Press SP - 885 EP - 895 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.201209.140 DO - 10.2991/assehr.k.201209.140 ID - Rahaditya2020 ER -