SIMULACRA ASAS PRADUGA TIDAK BERSALAH DALAM INGSUTAN KEWENANGAN PRAPERADILAN
Journal Title: YUSTISIA JURNAL HUKUM - Year 2016, Vol 5, Issue 2
Abstract
died. ‘New World’ which Baudrillard calls the ‘Galactic Simulacra’, was struck all life aspects, including law. Dialectics about the pretrial judge over status of a suspect several times ago which is better known as Sarpin’s Effect, and has been abolished with the appearance of The Constitutional Court Decision Number 21 / PUU-XII / 2014, shows how the reality of the presumption of innocence (APTB) often turns into hyperreality in the application of national law APTB at the pretrial stage, which applies only in textual various issues surrounding the complexity of the legal reality. The competition between the presumption of guilt and innocence, the legal and factual concept in the minds of law enforcement, as well as human values that precede the legality brooded in the Pancasila revolution ala Indonesia human rights, failed to be described due to the simplifying of Presumption of Innocence in monofacet. Therefore, Presumption of Innocence as one of the principles at the core of the formal criminal law, according to Satjipto Rahardjo, it is proper to be conceived as a law manner that does not just stop at reading the text, but continues with the action or human effort. An effort that certainly draining the mind, empathy and courage, which is not purely alles binnen de cadre van de wet.
Authors and Affiliations
Muhammad Rustamaji
Keywords
Related Articles
- EP ID EP409117
- DOI 10.20961/yustisia.v5i2.8760
- Views 104
- Downloads 0
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