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VOL. 8, ISSUE 6 (2022)
in dubio pro reo principle as judges’ consideration in criminal case
Authors
Chairul Anwar, Adwani, Rizanizarli
Abstract
As stated in Law Number 48 of 2009 concerning Judicial Power, which is an independent power to administer justice in order to uphold law and justice, judges play an important role in law enforcement in court, where they must be able to make various efforts to investigate and discover the law. In order to impose a sentence, the judge must be confident that the defendant is truly guilty of committing a crime. If the judge has any doubts about the defendant's guilt, the judge cannot impose a sentence. The normative juridical approach was utilised in the preparation of this study. This study aims to explain the basis for judges' consideration of the dubio pro reo principle and the application of this principle by the panel of judges in criminal cases. According to the results of the research, the judge's consideration of the in dubio pro reo principle, based on the two valid pieces of evidence, was sufficient to establish the defendant's guilt. The application of the in dubio pro reo principle on the basis of the judge's considerations, if from these considerations the judge doubts the testimony of the witness, then the key witness cannot be presented at trial, per Article 183 of the Criminal Procedure Code.
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Pages:181-183
How to cite this article:
Chairul Anwar, Adwani, Rizanizarli "<em>in dubio pro reo </em>principle as judges’ consideration in criminal case". International Journal of Law, Vol 8, Issue 6, 2022, Pages 181-183
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