CD Skripsi

Pengaruh Amicus Curiae Terhadap Putusan Hakim Menurut Sistem Peradilan Pidana Di Indonesia

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Amicus Curie is a term that means "friend of the court" or what is known as Friend of the Court. Amicus curiae is filed by someone who is not a party involved in a case in a judicial process. Amicus curiae is a way to provide an opinion, and not to fight, but amicus curiae gives influence to the judge in ensuring additional points of view and relevant information in his considerations. The judicial system in Indonesia is not yet clearly regulated, but the legal basis for accepting amicus curiae in Indonesia is in article 5 paragraph (1) of Law no. 48 of 2009 concerning judicial power, which states that judges and constitutional justices are obliged to explore, follow and understand the legal values and sense of justice that exist in society. The aim of this research was to determine the influence of amicus curiae in the criminal justice system and to find out the legal provisions for amicus curiae in the future in the criminal justice system in Indonesia.
This research is normative legal research supported by secondary data, carried out by using library materials as the main focus. Also called doctrinal legal research, namely legal research that uses data based on library research by taking quotations from reading books, or supporting books that are related to the problem to be researched. Thus, this research uses secondary data sources consisting of primary, secondary and tertiary legal materials. This research also uses qualitative data analysis and produces descriptive data.
The results of the study concluded that amicus curiae had an influence on judges' decisions which had different results. In several decisions, the participation of the amicus curiae plays an important role in the judge giving the decision so that the opinions and views expressed influence the final outcome of the decision, but in some cases the amicus curiae is completely ignored for various reasons, one of which is that the defendants have fulfilled the elements of a criminal act so the judge does not accept the amicus curiae. This and amicus curiae require new, clearer regulations on criminal matters, which will make it easier for judges to express opinions from amicus curiae into a decision.

Keywords: Influence – Amicus curiae – Judge's decision

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909112180

Penerbit

Pekanbaru : Unviersitas Riau - F. Hukum - Hukum Pidana., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909112180

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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