PENERAPAN HUKUM PEMBUKTIAN DALAM PERKARA PIDANA PADA TAHAP PENYELIDIKAN DAN PENYIDIKAN DI WILAYAH HUKUM POLRES BAUBAU

Abstract

The research here is entitled “THE APPLICATION OF THE LAW OF
EVIDENCE IN CRIMINAL CASES AT THE STAGE OF INVESTIGATION
AND INVESTIGATIONS IN THE JURISDICTION OF THE BAUBAU
POLICE POLICE”. In practice, there are many misunderstandings by investigators
and investigators carrying out the law of proof, resulting in losses and injustice for the
suspect, then the pre-trial facility as a tool to test the evidence must be changed in the
testing technique from the judge's side, because so far there are still many evidence
tests using the old method, namely Dutch heritage, giving rise to non-objectivity and
injustice. The research here uses a normative juridical research method, namely
conceptualizing law as a norm that includes positive values and court decisions that
have permanent legal force. The result of the research is that it turns out that the
parameter in carrying out the law of evidence at the investigation stage is to have its
own legal parameters of evidence when the investigator wants to establish an act as a
crime, as well as at the investigation stage is to have its own parameters, when the
investigator wants to determine someone as a suspect, where in At this stage, the
coercive efforts that investigators have at the investigation stage, it turns out that each
of these coercive efforts also has its own legal parameters of evidence to say that the
coercive efforts are valid and correct. The existence of this fact makes the testing
technique in pre-trial in 1981 clearly different now. The existence of all of this, it turns
out that since the existence of the KUHAP in 1981 until now there are many old norms
that have not been able to reach the realm of the law of proof, where it was then born
new norms through several court decisions, thus necessitating the renewal of criminal
law in particular. at the investigative, investigative and pre-trial stages. The existence
of parameters in every law of evidence and every test of evidence is intended to seek
objective ways and achieve objective results, not only for investigators, investigators
and pre-trial judges who obtain objective results, but suspects are also given rights and
means to fight for justice he wants in accordance with applicable laws and regulations.
Keywords: Law of Evidence, Testing of Evidence and Parameters of Law of
Evidence