Splitting of Accusations: Criticism-Ideology Through a Relation of Trichotomy Approach

DOI

10.2991/978-2-38476-164-7_89How to use a DOI?

Keywords

Criminal Procedure; Prosecution; Relational Trichotomy

Abstract

The success of a prosecution in a criminal case is highly dependent on the ability and shrewdness of a Public Prosecutor in constructing an Indictment and Charges. However, often the construction of the two letters in many cases involving the Offense of Participation, raises violations of the legal rights of the Defendants. In this regard, each defendant has received legal protection through Article 66 of the Criminal Procedure Code (CPC), whereby the accused cannot be forced to provide evidence that is self-directed. Based on this, this article discusses the pattern of cognitive-interpretive activities regarding the separation of charges in the prosecution of the offense of inclusion in the evidentiary process in criminal trials as a form of violation of human rights through the relational trichotomy approach. This article aims to dismantle the hidden agenda and the inability of the Public Prosecutor to provide evidence. This study uses legal research methods using the concept of relational trichotomy as an approach method in dismantling the ideological aspects of criminal law enforcement. The results of this study are that the behavior of the Public Prosecutor who applies the separation of cases as a method of prosecution is a form of violation of the legal rights of the Defendant, which is normatively not burdened with proof. However, in the case of Participation in a crime, each Defendant is faced with admitting guilt to one another. Therefore, the use of the method of separating cases has implied that the Public Prosecutor does not yet have sufficient evidence and is the easiest way to win a case.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - M. Adystia Sunggara
AU  - Rocky Marbun
PY  - 2023
DA  - 2023/12/21
TI  - Splitting of Accusations: Criticism-Ideology Through a Relation of Trichotomy Approach
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 959
EP  - 968
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_89
DO  - 10.2991/978-2-38476-164-7_89
ID  - Sunggara2023
ER  -