Judges' considerations in passing decision based on the results of local inspection
Abstract
This research sought to understand and compile a summary of the local inspections that judges carry out in criminal cases. The practice of criminal justice in Indonesia is evolving, and local inspections are increasingly occurring in both civil and criminal cases. The Criminal Procedure Code does not specifically prohibit local inspections during the judicial proof process in criminal cases, so this research is crucial. This study employs a statutory approach in its normative research methodology. The findings of the local inspectors' study constitute legal discovery (rechtvinding), which judges do in order to verify the evidence and uncover legal facts in order to strengthen their confidence in making conclusions about the criminal cases they are considering. The right of a judge to perform local inspections is facultative and discretionary in nature, meaning that it is not innately binding and has the status of an executor, the execution of which is subject to the judge's discretion.
How to Cite This Article
Ida Ayu Agung Rasmi Wulan, Dr. I Nyoman Bagiastra SH, MH (2024).
Judges' considerations in passing decision based on the results of local inspection
. International Journal of Judicial Law (IJJL), 3(4), 05-09. DOI: https://doi.org/10.54660/IJJL.2024.3.4.05-09