CD Skripsi
Pengaturan Kedudukan Sahabat Pengadilan Dalam Sistem Peradilan Pidana
ABSTRACT
A court decision is decided by a panel of judges, in accordance with the
contents of Article 5 paragraph (1) of Law Number 48 of 2009 concerning
Judicial Power if deciding on a case the judge is obliged to explore, follow and
understand the legal values and the sense of justice that live in society. Justice
that lives in community life becomes an opening for a person, group of people or
organization that does not act as a party in a case but has an interest in or has an
interest in submitting the amicus curiae. Amicus curiae is a term in the legal
tradition which means “friend of the court”. Amicus curiae's statement is
therefore a written statement from a third party expressing his opinion on certain
matters in an ongoing legal process. Amicus curiae is only limited to providing
opinion, and not fighting. Amicus curiae's position should be clearly explained in
the law, because amicus curiae can help judges decide a case appropriately and
fairly.
This legal research is a normative legal research. Normative legal research
is legal research conducted by examining library materials or secondary data
consisting of primary legal materials, secondary legal materials and tertiary legal
materials. Normative legal research is also called doctrinal legal research, also
referred to as library research or document studies. In this study the authors
conducted research on the history of law
The results of the research conducted by the author are, firstly, it is known
that the arrangement of court friends in the criminal justice system is still not
specifically regulated where the explanation and procedure for filing a court
friend has not been explained in the Criminal Procedure Code and the criminal
justice system, people and bodies that have filing a court friend on the basis of the
provisions of Article 5 paragraph 1 of Law No. 48 concerning judicial power and
if the judge requests it it will be based on the basis of Article 180 paragraph 1 of
the Criminal Procedure Code. Furthermore, it is known and applied to the
position of court friends in the process of proving a criminal case, even though
the court does not yet have clear arrangements regarding the sound of the
evidence submitted by court friends both from the law and the Criminal
Procedure Code.
Keywords: Position-Friends of the Court-Justice System
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