Studi Perbandingan Kewenangan Penuntutan Perkara Pidana Dalam Perspektif Sistem Pembuktian Menurut Hukum Acara Pidana Indonesia dan Thailand

Anisya, Adinda Farah (2021) Studi Perbandingan Kewenangan Penuntutan Perkara Pidana Dalam Perspektif Sistem Pembuktian Menurut Hukum Acara Pidana Indonesia dan Thailand. S1 thesis, Hukum.

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Abstract

The purpose of this study was to determine the arrangements, similarities and differences in the prosecution authority between the State of Indonesia and the State of Thailand as regulated in the Indonesian Criminal Procedure Code and The Criminal Procedure Code 1934. Until now, the authority to prosecute criminal cases in Indonesia is only owned by public prosecutors, while in Thailand the authorities to prosecute criminal cases are the public prosecutor, the victim, or a combination of the victim and the public prosecutor. Therefore, the formulation of the problem in this study is to find similarities and differences in the regulation of the authority for prosecuting criminal cases between the Indonesian and Thai Criminal Procedure Codes. The results of the study indicate that there are differences in the arrangement of the authority to carry out prosecutions which are regulated in Indonesian criminal procedural law and Thailand. In Thailand, it is not only the public prosecutor who can prosecute cases because The Criminal Procedure Code of Thailand also stipulates that the victim has the right to file a prosecution against a criminal case or what is known as Private Prosecution. Even in Thailand, it stipulates that the victim and the public prosecutor can prosecute cases together or what is known as the Joint Prosecutor. It is hoped that the regulation on the authority of victims to be actively involved in the criminal justice process is expected to be one of the state's efforts in the context of guaranteeing the protection of victims and providing opportunities for victims to fight for justice for themselves. Keywords: Comparison of Criminal Law, Authority, Prosecution of Criminal Cases.

Type: Thesis (S1)
Subjects: L Education > L Education (General)
Divisions: Pascasarjana > Ilmu Hukum
Depositing User: ANISYA
Date Deposited: 14 Jul 2021 03:09
Last Modified: 14 Jul 2021 03:09
URI: https://repository.unja.ac.id/id/eprint/22865

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