CD Skripsi

Pengujian Prinsip Exclusionary Rules Dalam Sidang Praperadilan Di Indonesia

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ABSTRACT
The determination of a suspect is part of coercive measures and is almost equivalent to the determination of a person as a convict. Therefore, the determination of a suspect must be carried out carefully and based on valid evidence, as stipulated in Article 184 of the Indonesian Criminal Procedure Code (KUHAP). The phrase "valid evidence" in KUHAP carries two important meanings. First, it relates to the types of evidence recognized by law, and second, it pertains to the manner in which such evidence is obtained, which must comply with applicable legal procedures. Consequently, the principle of exclusionary rules is required as an instrument to exclude evidence obtained unlawfully in judicial proceedings.
This study aims to analyze the application of the exclusionary rules principle in pretrial hearings in Indonesia. By using a normative legal research method, this study examines relevant laws, pretrial decisions, and legal doctrines. The research findings indicate that judges have considered unlawfully obtained evidence in annulment of the suspect determination. Therefore, it can be concluded that the understanding of exclusionary rules has been established and applied by judges in pretrial decisions in Indonesia. However, its application remains implicit and is limited to formal aspects. Regarding the legal implications of using unlawful evidence in determining a suspect, the pretrial judge may annul the determination of the suspect or declare the determination invalid. However, the annulment of the suspect's determination does not automatically eliminate the suspect's criminal liability and does not invalidate the investigator’s authority to re-determine the individual as a suspect after fulfilling at least two new pieces of valid evidence in accordance with Supreme Court Regulation No. 4 of 2016 concerning the Prohibition of Judicial Review of Pretrial Decisions.
This research emphasizes that the exclusionary rules principle has become an inherent part of Indonesia's criminal justice system, although its implementation still needs to be strengthened through reforms in the criminal procedural law. Additionally, it is necessary to explicitly state the definition of unlawful evidence in the Criminal Procedure Code (KUHAP). Such regulation would provide a clear and definitive legal framework to support the effective and consistent application of the exclusionary rules principle within Indonesia's criminal justice system.
Keywords : Exclusionary Rules, Pretrial, Criminal Procedure Law, Human Rights, Unlawful Evidence

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1809124588

Penerbit

Pekanbaru : Universitas Riau – F.HUKUM – Hukum Pidana., 2025

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1809124588

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

daus

Versi lain/terkait

Lampiran Berkas

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