The Principle of Audi et Alteram Partem in the Process of Proof in Criminal Cases (Analysis of Decision No. 123/PID.B/2022/PN YYK)

Jurnal Legalitas. 2024. Vol. 17. No. 2. P. 132–145.

. H., . S., Алимпеев Д. Р.

A decision is a legal product issued by a judge in resolving a case presented at trial. A decision must reflect a sense of justice obtained from the facts revealed at trial and compliance with existing laws and regulations. Legal considerations in a decision aim to explore the facts revealed in the trial based on the principle of audi et alteram partem which must exist and be the basis. The application of audi et alteram partem aims to ensure that the panel of judges carefully listens to the arguments and facts put forward by both parties, namely the public prosecutor (JPU) or legal advisor.  Therefore, the aim of this research aims to describe how the panel of judges examined case Number 123/Pid.B/2022/PN Yyk by applying the principles of evidence in the Criminal Procedure Law. To answer these legal problems, this research uses a combined research method of normative and empirical data with data collection methods by conducting interviews and literature reviews. The research results show that the panel of judges who examined case Number 123/Pid.B/2022/PN Yyk were assumed to have ignored the principle of audi et alteram partem in their decision. This principle of balance (justice) has not been fully fulfilled, because the evidence in the trial has not reached conformity, thus making the defendant position weaker.

Ключевые слова: Justice, Judge, Evidence, Crime, Decisions