Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Tegal, Indonesia

Research Article

Comparison of Criminal Evidence Between The Indonesian and United States' Legal Systems

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  • @INPROCEEDINGS{10.4108/eai.28-5-2022.2320544,
        author={Muchamad  Safii and Sanusi  Sanusi and Fajar Ari Sudewo},
        title={Comparison of Criminal Evidence Between The Indonesian and United States' Legal Systems},
        proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Tegal, Indonesia},
        publisher={EAI},
        proceedings_a={MALAPY},
        year={2022},
        month={8},
        keywords={comparison criminal evidence},
        doi={10.4108/eai.28-5-2022.2320544}
    }
    
  • Muchamad Safii
    Sanusi Sanusi
    Fajar Ari Sudewo
    Year: 2022
    Comparison of Criminal Evidence Between The Indonesian and United States' Legal Systems
    MALAPY
    EAI
    DOI: 10.4108/eai.28-5-2022.2320544
Muchamad Safii1, Sanusi Sanusi1, Fajar Ari Sudewo1,*
  • 1: Universitas Pancasakti Tegal
*Contact email: drfajararisudewo@gmail.com

Abstract

This type of research is library research. Library research is research that is carried out through library data collection or research carried out to solve a problem which basically relies on a critical and in-depth study of relevant library materials. This research includes library research because data sources can be obtained from libraries or other documents in written form, both from journals, books and other literature. Indonesian criminal procedure law adheres to a negative statutory proof system in which proving the defendant's guilt must be based on valid evidence according to law accompanied by the conviction of the judge. The provisions of United States evidence law are regulated in the Federal Rule of Evidence. The Federal Rule of Evidence regulates general matters in the law of evidence that apply to all countries, while for more detailed matters of the law of evidence it is regulated by each state. The United States' system of evidence is conviction-in-time where the proof of guilt of the accused is only based on the judge's judgment. Indonesia adheres to a negative evidence system, while the United States adheres to a conviction-in-time system of evidence in terms of evidence that can be used in court.