PENERAPAN HAK MENDAPATKAN BIAYA PENGGANTI PADA SAKSI BERDASARKAN KUHAP DI WILAYAH HUKUM PENGADILAN NEGERI PEKANBARU
ABSTRACT: Law was created to
regulate the order of people's lives and to protect all components of a
civilization. But lately laws in Indonesia gained sharp spotlights from all
levels in the society. This happens because the law that is expected to be a
regulating instrument, balancing tool between public and individual interests,
and a driving catalyst to enhance the change processes to protect a community,
is far off the expectation. Under the provisions of Article number 184
paragraph 1 of the Book of the Code of Criminal Procedure (KUHAP)explains that
there are valid instruments of evidence that can be used in a court that including:
description of witnesses, experts, information letters, instructions, anddescriptions
of defendant. Evidence of witnesses has an important role in uncovering the truth
of material of a crime. In Article 229 paragraph 1 of the Criminal Code also
mentionedthat there is a right for a grant or a replacement cost for a witness
or an expert who avowedto present at the hearing. Nonetheless, in the reality
this right has not been fulfilled successfully. The objectives of this research
paper therefore are: first, to know how is theimplementation of the right to
obtain a replacement fee for the witnesses in District Court ofPekanbaru
according to the book of the code of criminal procedure (KUHAP); second, to know
what are the obstacles in implementing this right; and third, to know what are
the feasible solutions that can be done to put this right into practice
effectively.The type of research done in this research was empirical juridical
or legal sociological research. It was conducted at the state court and the
state prosecutor ofPekanbaru. Sources of data used were primary, secondary, and
tertiary. The technique of data collection was by literature research in
library and direct interviews with various group of professionals and
authorities. Data analysis was eventually analyzed by a deductive datamethod.
The results of this research were: first, the practice of the law of allocating
a replacement fee to witnesses in Pekanbaru was not effectively executed as the
number of obstacles in practice is still high. Second, the obstacles found in
implementing this right include: the lack of financial management in the court;
lack of coordination and communication between the court and the prosecutor
office; the lack of enforcement agency to monitor and control the activities of
law implementation. Nevertheless, the people as the users of the law are
ultimately unaware of the right that would benefit and protect themselves.
Third, efforts that can be undertaken by the law enforcement agencies,
especially in Pekanbaru area, are by proposing additional operating cost of the
court, establishing cooperation and coordination with other relevant agencies,
and increasing the frequency on education and socialization of the right to the
respective people.
Penulis: Maruli Tua Marbun
Kode Jurnal: jphukumdd151318
