Siswatiningsih, . (2024) PENGARUH OPINI NETIZEN DALAM PENETAPAN JUSTICE COLLABORATOR PERKARA TIDAK PIDANA PEMBUNUHAN. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
By conveying news and information, the mass media has the ability to shape the public's view of a legal case. Public opinion in the form of netizen opinions on social media plays a role in monitoring the judicial process, including in criminal cases. It can even assist judges in making legal discoveries or making decisions regarding a case as stated in Article 5 paragraph (1) of Law Number: No. 48 of 2009 concerning Judicial Authority. In this research, the murder case resulted in Richard Eliezer obtaining Justice Collaborator (JC) status at the urging of a friend of the court (Amicus Curiae) which began with the influence of netizens' opinions via online media during the trial process to reduce the criminal sentence against Richard Eliezer. The law, especially criminal procedural law, has not accommodated the influence of opinions from the public through online media/netizens in the criminal justice process as in the JC determination, so this research is considered important. Problems raised (1) How do netizens' opinions and pressure influence the JC determination process in murder cases? (2) What are the future arrangements for placing netizens' opinions and pressure in decisions on criminal murder cases? The research method used is normative juridical by reviewing/analyzing secondary data in the form of legal materials, especially primary legal materials and secondary legal materials, by understanding the legal system that regulates human life. Research conclusions (1) opinions from netizens regarding the JC determination process are similar to another term, namely Amicus Curiae, also known as "friends of court", can be a reference for judges to examine, consider and make decisions in a case (2 ) The law, especially criminal procedural law, has not yet accommodated the influence of netizen opinions in the criminal justice process for determining JC, so special regulations regarding this matter are needed, such as allowing the use of Amicus Curiae in the justice system in Indonesia, especially in criminal justice. Suggestions (1) It is necessary to accommodate netizen opinions as a representation of the Amicus Curiae in accordance with the Indonesian criminal procedural law system so that its implementation becomes legal and can serve as a guide for law enforcement officers in carrying out their duties and functions so as to create justice for the perpetrators and the community. (2) Revise Law of the Republic of Indonesia Number: No. 48 of 2009 concerning Judicial Authority through the entry point of article Article 180 paragraph (1) KUHAP to accommodate the influence of netizens, as a container for community aspirations in criminal justice.
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No. Panggil: 2210622063] [Pembimbing: Supardi] [Penguji 1: Handar Subandi Bakhtiar] [Penguji 2: Beniharmoni Harefa] |
| Uncontrolled Keywords: | Netizens' opinions, Amicus Curiae, Criminal Justice |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | SISWATININGSIH |
| Date Deposited: | 29 Aug 2024 03:25 |
| Last Modified: | 29 Aug 2024 03:25 |
| URI: | http://repository.upnvj.ac.id/id/eprint/31163 |
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