EXCLUSIONARY RULES DALAM TAHAP PEMBUKTIAN DI PENGADILAN GUNA MEMPEROLEH ALAT BUKTI YANG SAH

Abstrak

The acquisition of evidence illegally in Indonesia is still often encountered so that errors often occur in determining decisions in court. the importance of evidence, it is also important to have exclusionary rules in criminal procedural law. Exclusionary Rules are arrangements or doctrines that require judges to set aside evidence obtained against the law in a trial, such as unauthorized searches and wiretapping or coercion and torture in obtaining information. This study aims to explain how the exclusionary rules principle in countries that adhere to the common law and civil law legal systems and whether exclusionary rules are known to be applied in the evidentiary system in Indonesia. This research is a normative legal research that uses a comparative law approach and secondary data sources. The results show that first, the principle of exclusionary rules was initially only known in countries that adhere to the common law legal system because of the proliferation of illegal evidence, one of which was the United States of America, but now the practice of the exclusionary rules principle is already known in civil law countries, namely Dutch. Second, Indonesia does not explicitly recognize Exclusionary Rules but the existence of the principle of Exclusionary Rules can be seen in Article 184 of the Criminal Procedure Code of the phrase "legitimate evidence" must be valid evidence, both in terms of acquisition and type, so it can be concluded that the principle of Exclusionary Rules is already known. in the Common Law and Civil Law countries and in the adjudication stage in Indonesia there are no exclusionary rules so that the evidence submitted to the trial is not disputed as long as the evidence has been recognized in the laws and regulations.