CD Skripsi

Rekaman Closed Circuit Television (Cctv) Sebagai Alat Bukti Dalam Tindak Pidana Korupsi Setelah Keluarnya Putusan Mahkamah Konstitusi Nomor 20/Puu-Xiv/2016

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ABSTRACT
The number of defendants in corruption cases that were decided freely by
the general court or district court was based on various reasons, one of which
was that the criminal act of corruption charged with the defendant was not
proven. Admittedly, corruption is an offense whose proof can be said to be very
difficult. Many aspects must be fulfilled in order to truly prove that a defendant
has committed a criminal act of corruption. Proof of corruption is considered
more difficult than other criminal acts. For that we need an extraordinary effort
also in proving it. One of them can use evidence in the form of Closed Circuit
Television (CCTV).
This type of legal research is normative legal research that focuses on
synchronizing law. Meanwhile, if seen from the nature of this research is
descriptive. This study uses secondary data that is ready-made data. Activities
undertaken in collecting data in this study are the study of documents or library
materials.
The results of this study are The use of CCTV in cases of criminal acts of
corruption according to several court decisions prior to the Constitutional Court
decision Number 20 / PUU-XIV / 2016 that in the Criminal Procedure Code in
Article 184 only states that valid evidence is witness testimony, expert testimony,
letters, instructions and statements of the defendant. . Apart from the evidence
tools mentioned above, according to the Criminal Procedure Code it is not
justified to be used as evidence to prove the guilt of the accused. However, in Law
Number 19 of 2016 concerning Amendments to Law Number 11 of 2008
concerning Electronic Information and Transactions, the use of CCTV footage
can be used as valid evidence. Likewise in the Law of the Republic of Indonesia
Number 20 of 2001 concerning Amendments to Law Number 31 of 1999
concerning the Eradication of Corruption Crime that legal evidence for criminal
acts of corruption can also be obtained from other evidence in the form of
pronounced information, sent, received or stored electronically by an optical
device or similar device. This interpretation also applies even though there are no
electronic information phrases or words and / or electronic documents found. The
use of CCTV in cases of criminal acts of corruption according to several court
decisions after the Constitutional Court decision Number 20 / PUU-XIV / 2016,
namely the provision of a lex specialist regarding the use of digital evidence in the
form of the use of CCTV, which can be used as valid evidence in the proving
process. a criminal act of corruption, which is an extension of evidence by
fulfilling the following matters, namely: 1) The act of recording with CCTV must
be known and approved by the person to be recorded, by notifying that the place
or room has been installed or equipped with a CCTV camera . 2) The CCTV
footage to be used as evidence must be in its original form, not edited.
Keywords: CCTV recordings, evidence, corruption

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 120 (0187)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2020

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 120 (0187)

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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