KEDUDUKAN HUKUM TERHADAP SAKSI MAHKOTA DALAMudSISTEM PERADILAN PIDANA

摘要

Crown witness is often found in criminal offense cases where the cases areudinclusions and within them, splitsing or a case file division mechanism happens. Theudposition of a crown witness is not explained explicitly in the criminal code procedureud(KUHAP) and considering that it is an important instrument in criminal justice systemudenforcement, this paper will review how law position before a crown witness in criminaludjustice system.udThis final project uses normative law study and the data source was obtained fromudprimary law materials viz. related constitutions, secondary law materials namely theoriesudand literature and also tertiary law materials or Kamus Besar Bahasa Indonesia. Theudstandard used to measure the problems in this research project is whether the position ofuda crown witness is valid in criminal justice system or not. This paper was done byudsecondary data-based approach and was followed by reviewing the interview results asudsupporting data.udThe result from this paper shows that in a criminal justice system, the position of audcrown witness is legal according to the law based on certain principles viz. inclusionudcharacteristic and the lack of evidence in a case which is done by splitsing or a caseuddivision file mechanism. Based on this result, the author of this paper suggests that toudsupport the implementation of ‘fair trial’ principles, the exertion of the crown witnessudneeds to be reconsidered because it is against the essence as a suspect in regards to fulfilludthe basic rights of a suspect and the position of a crown witness should be clearly andudexplicitly defined in criminal code procedure bills.