Analisis Yuridis Kekuatan Pembuktian Tindak Pidana Korupsi pada Persidangan Virtual Online (Studi Kasus Putusan Pengadilan Negeri Medan NOMOR: 40 / PID.SUS-TPK / 2020 / PN. MEDAN)
Abstract
This study aims to find out and analyze the legal rules that regulate the
strength of evidence for Corruption Crimes in online trials and to find out and
analyze the legality of evidence or evidence presented by the Public Prosecutor in
electronic (virtual online) trials, as well as to find out and analyze juridical
analysis. based on the judge's considerations in proving the online virtual trial of
evidence and evidence in the Medan District Court Decision Number
40/Pid.Sus.TPK/2020/PN. Medan.
The research method used is normative juridical. This study reveals the legal
principles, legal systematics, and synchronization of laws and regulations relating
to legal theories that are the object of research, regarding the Juridical Analysis of
the Strength of Evidence of Corruption in Virtual Online trials, with a case study:
Court Decisions Medan State No.40/Pid.Sus-TPK/2020/PN.Medan.
The results show that the rules for proving evidence and evidence of
corruption in electronic courts (virtual online) are regulated in Supreme Court
Regulation (PERMA) Number 4 of 2020 concerning Administration and Trial of
Criminal Cases in Courts Electronically and Circular of the Attorney General of the
Republic of Indonesia. Indonesia (SEJA RI) Number: B-049/A/Seja/03/2020 of 2020
concerning Optimizing the Implementation of Duties, Functions, and Authorities
Amid Efforts to Prevent the Spread of Covid-19, where the regulation still
accommodates the provisions stipulated in the Criminal Procedure Code.
Furthermore, the legality of evidence and evidence presented by the Public
Prosecutor in a Virtual/Online Session is not under Articles 183, 184, and 185 of the
Criminal Procedure Code. In addition, the Juridical analysis of the Judge in the
Medan District Court decision No. 40/Pid/Sus-TPK/2020/PN.MEDAN on the
evidence and evidence presented by the public prosecutor through virtual online has
been accommodated as relevant evidentiary values based on the Regulations.
Supreme Court (PERMA) Number 4 of 2020 concerning Administration and Trial of
Criminal Cases in Courts Electronically
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