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Indonesian Criminal Procedure Code
Indonesia is a civil law country with five major codes. Its criminal procedure code, thKitab Undang-Undang Hukum Acara Pidana ("KUHAP") determines the procedures and rights of individuals at different stages of the trial process. History of Indonesia's criminal procedure Colonial times Before 1910, “Hukum Adat” or Adat laws applied in Indonesia. When the Dutch colonized Indonesia in 1910, they set up a civil law system that took precedence over the Adat laws. In terms of the criminal procedure, for example, the Dutch enacted two statutes to govern different parts of Indonesia. The ''Herziene Inlandsch/Indonesisch Reglement'' ("HIR") applied to Jawa and Madura, while the ''Rechtsreglement Buitengewesten'' ("Rbg") applied to the rest of Indonesia. The Adat laws applied to the natives only if it did not clash with the Dutch statutory provisions. Japanese occupation When the Japanese occupied Indonesia in March 1942, they applied their Japanese Martial Law. This supers ...
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Flag Of Indonesia
The national flag of Indonesia is a simple Bicolour (flag), bicolor with two horizontal bands, red (top) and white (bottom) with an overall ratio of 2:3. It was introduced and hoisted in public during the Proclamation of Indonesian Independence, proclamation of independence on 17 August 1945 at 56 Jalan Proklamasi (formerly Jalan Pegangsaan Timur) in Jakarta, and again when the Dutch United States of Indonesia, formally transferred sovereignty on 27 December 1949. The design of the flag has remained unchanged since. The flag of Indonesia is graphically similar to the flag of Monaco, with a slight difference in the shade of red, and ratio of its dimensions. The flag of Poland has similar dimensions but has the colours reversed: white on top and red on the bottom. In both Monaco's and Poland's flags, the reds are of a slightly darker shade than that of Indonesia. The flag of Singapore has exactly the same dimensions as Indonesia's, but supplemented with a white crescent moon and f ...
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Offence (law)
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), '' The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ...
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Evidence
Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what Justification (epistemology), justifies beliefs or what makes it rational to hold a certain wikt:doxastic, doxastic attitude. For example, a perceptual experience of a tree may serve as evidence to justify the belief that there is a tree. In this role, evidence is usually understood as a private mental state. In Phenomenology (philosophy), phenomenology, evidence is limited to intuitive knowledge, often associated with the controversial assumption that it provides indubitable access to truth. In the science, scientific evidence is information gained through the scientific method that confirms or disconfirms Hypothesis#Scientific hypothesis, scientific hypotheses, acting as a neutral arbiter between competing Scientific theory, theories. Mea ...
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Corruption
Corruption is a form of dishonesty or a criminal offense that is undertaken by a person or an organization that is entrusted in a position of authority to acquire illicit benefits or abuse power for one's gain. Corruption may involve activities like bribery, influence peddling, and embezzlement, as well as practices that are legal in many countries, such as lobbying. Political corruption occurs when an office-holder or other governmental employee acts in an official capacity for personal gain. Historically, "corruption" had a broader meaning concerned with an activity's impact on morals and societal well-being: for example, the ancient Greek philosopher Socrates was condemned to death in part for "corrupting the young". Contemporary corruption is perceived as most common in kleptocracies, oligarchies, narco-states, Authoritarianism, authoritarian states, and mafia states, however, more recent research and policy statements acknowledge that it also exists in wealthy capitalist e ...
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Liberty
Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional law of the United States, ordered liberty means creating a balanced society where individuals have the freedom to act without unnecessary interference ( negative liberty) and access to opportunities and resources to pursue their goals ( positive liberty), all within a fair legal system. Sometimes liberty is differentiated from freedom by using the word "freedom" primarily, if not exclusively, to mean the ability to do as one wills and what one has the power to do; and using the word "liberty" to mean the absence of arbitrary restraints, taking into account the rights of all involved. In this sense, the exercise of liberty is subject to capability and limited by the rights of others. Thus liberty entails the responsible use of freedom und ...
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Procedural Law
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil procedure, civil, lawsuit, criminal procedure, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. Substantive law, which refers to the actual claim (legal), claim and defense (legal), defense whose validity is tested through the procedures of procedural law, is different from procedural law. In the context of procedural law, procedural rights may also refer not exhaustively to Right to Information Act, 2005, rights to information, access to justice, and right to counsel, rights to public participation, and right to confront accusers, as well as the basic presumption of innocence (meaning the prosecution regularly must meet th ...
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Acquittal
In common law jurisdictions, an acquittal means that the criminal prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal prohibits the Double jeopardy, retrial of the accused for the same offense, even if new Evidence (law), evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, like Australia, Canada and the UK, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction — but usually only if new and compelling evidence comes to light or the accused has int ...
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Appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" (Intransitive verb, intransitive) or "appeals" (Transitive verb, transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the app ...
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Appeals Procedure
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" (intransitive) or "appeals" ( transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the appeal has merit), while a British court disposes ...
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Judgment
Judgement (or judgment) is the evaluation of given circumstances to make a decision. Judgement is also the ability to make considered decisions. In an informal context, a judgement is opinion expressed as fact. In the context of a legal trial, a judgement is a final finding, statement or ruling, based on evidence, rules and precedents, called '' adjudication'' (see Judgment (law)).In the context of psychology, judgment informally references the quality of a person's cognitive faculties and adjudicational capabilities, typically called ''wisdom''. In formal psychology, judgement and decision making (JDM) is a cognitive process by which individuals reason, make decisions, and form opinions and beliefs. Psychology In cognitive psychology (and related fields like experimental philosophy, social psychology, behavioral economics, or experimental economics), judgement is part of a set of cognitive processes by which individuals reason, make decisions, and form beliefs and opinion ...
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Testimony
Testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimony is a form of evidence in which a witness makes a "solemn declaration or affirmation ... for the purpose of establishing or proving some fact". According to Bryan A. Garner, the editor of '' Black's Law Dictionary'', the word "testimony" is properly used as a mass noun (that is, always uninflected regardless of number), and not a count noun. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. Historically, to be admissible in court and to ensure maximum reliability and validity, written testimony presented in the form of an affidavit (i.e., the witness would not be appearing in court at the hearing at which the affidavit was considered as evidence) was usually witnessed by anot ...
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