PENERAPAN EXCLUSIONARY RULES OF EVIDENCE DI INDONESIA (PERBANDINGAN EXCLUSIONARY RULES AMERIKA SERIKAT)

Selvi Tetrya, . (2026) PENERAPAN EXCLUSIONARY RULES OF EVIDENCE DI INDONESIA (PERBANDINGAN EXCLUSIONARY RULES AMERIKA SERIKAT). Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.

[img] Text
ABSTRAK.pdf
Download (13kB)
[img] Text
AWAL.pdf
Download (892kB)
[img] Text
BAB I.pdf
Restricted to Repository UPNVJ Only
Download (846kB)
[img] Text
BAB II.pdf
Restricted to Repository UPNVJ Only
Download (739kB)
[img] Text
BAB III.pdf
Restricted to Repository UPNVJ Only
Download (1MB)
[img] Text
BAB IV.pdf
Restricted to Repository UPNVJ Only
Download (2MB)
[img] Text
BAB V.pdf
Download (18kB)
[img] Text
DAFTAR PUSTAKA.pdf
Download (114kB)
[img] Text
RIWAYAT HIDUP.pdf
Restricted to Repository UPNVJ Only
Download (18kB)
[img] Text
LAMPIRAN.pdf
Restricted to Repository UPNVJ Only
Download (1MB)
[img] Text
HASIL PLAGIARISME.pdf
Restricted to Repository staff only
Download (16MB)
[img] Text
ARTIKEL KI.pdf
Restricted to Repository staff only
Download (883kB)

Abstract

The Exclusionary Rules of Evidence originated in the United States and are based on the doctrine of Fruit of the Poisonous Tree, which holds that evidence obtained illegally cannot be used in court. This principle was first used by the United States in the case of Mapp v. Ohio in 1961, While in Indonesian, this principle has only been regulated in the Criminal Procedure Code Number 20 of 2025. This study uses a normative juridical research type, using a statutory approach, a conceptual approach, and a comparative approach. The results of this study explain that the regulations used in Indonesia have just been ratified in the Criminal Procedure Code Number 20 of 2025 Article 235 paragraph 3 and paragraph 5, while the regulations in America have been regulated very strictly, as are regulated in Articles 401, 402, and 403 of the Federal Rules of Evidence. In the application of the principle of Exclusionary Rules of Evidence in Indonesia, it is applied in the Supreme Court Decision No. 1531 K / Pid. Sus/2010, which involves obtaining evidence through violence, fabricating evidence, blackmail, and using police as verbal witnesses. Meanwhile, in the United States, it was applied in the 1961 case of Mapp v. Ohio because the search was conducted without a valid warrant, and law enforcement violated constitutional rights under the Fourth and Fourteenth Amendments.

Item Type: Thesis (Skripsi)
Additional Information: [No. Panggil : 2210611327] [Pembimbing : Beniharmoni Harefa] [Ketua Penguji : Handar Subhandi Bakhtiar] [Penguji 1 : Mulyadi] [Penguji 2 : Beniharmoni Harefa]
Uncontrolled Keywords: Exclusionary Rules of Evidence, Criminal Procedure Code 2025, and Evidence Law
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Hukum (S1)
Depositing User: SELVI TETRYA
Date Deposited: 17 Mar 2026 03:21
Last Modified: 17 Mar 2026 03:21
URI: http://repository.upnvj.ac.id/id/eprint/42337

Actions (login required)

View Item View Item