Published May 12, 2020 | Version v1

THE LEGAL CONSEQUENCES OFEXAMINATION PROCESS OF WITNESSES OR EXPERTS IN THE COURT ARE BROADCAST LIVE VIA ELECTRONIC MEDIA

  • 1. Faculty of Law PattimuraUniversitas, Maluku Indonesia.

Description

The legal consequences of examination process of witnesses or experts in the Court are broadcast live via electronic media. The research method used in this study is normative legal research. The results of this study showed that the examination process of witnesses and experts at hearings broadcast live via electronic media deviates from the principles that have been in substance in Article 159 section (1), Article 160 section (1) letter A, article 167 section (3) Law No. 8 of 1981 in criminal matters, Article 87 section (1) of Law No. 5 of 1986 instateadministrative matters, and Article 144 section (1) of HIR in civil matters. Such practice is legally binding, both the witnesses and expertswho have not been examined have already know the material of witnesses and experts being examined, by watching the live broadcast of examination process of witnesses or the experts, so that witnesses and experts not examined at the time of examination process will provide evidence that are not objective, and even judges can be influenced by the views or opinions of the community in deciding the matter.

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