Alat Bukti Petunjuk dalam Proses Peradilan Pidana

Abstract

The purpose of the dissertation research is to find and analyze clues evidence in criminal proceedings. Evidence one clue as valid evidence according to the Criminal Procedure Code , under Article 188 of this Code of Criminal Procedure, historically derived from Article 310, 311 and 312 HIR ago. The word instructions (Article 310 HIR) or signifying (Article 188 Paragraph (1) Criminal Code), means that the evidence was not obtained instructions absolute certainty . Said contabilility word ( both in 310 HIR otherwise Article 188 Paragraph (1) Criminal Code) was a major force clues as evidence , because the suitability or state judge be convinced of the defendant committed the act . Criminal proceedings based on a verification system under the Act negatively, as defined in Article 183 of the Criminal Procedure Code , " that judges must not convict unless someone with at least two valid evidence, he gained confidence that the true crime actually occurred and that the defendant is guilty of doing it ". The nature of proof in criminal law is very urgent , if translated , it can be said verification is a process to determine and declare about one's mistakes. Conclusion verification is done through a judicial process that will determine whether a person can be dropped criminal (veroordeling) because the trial results proven legally and convincingly of committing criminal offenses , then may be exempt from charges (vrijspraak) because no criminal act or is released from all charges (onslag van alle rechhtsvervolging ) due to the charges proved to be but the act is not a criminal offense . In simple terms it can be said there are strong elements of the principles of criminal law to the dimensions of a clump of evidence of criminal procedural law (formeel Strafrecht / Strafprocesrecht) .