Penerapan Asas Peradilan Cepat di Pengadilan Negeri Tembilahan

Bachtiar, Bachtiar (2022) Penerapan Asas Peradilan Cepat di Pengadilan Negeri Tembilahan. Other thesis, Universitas Islam Riau.

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Abstract

The implementation of the principle of fast justice has an influence on the independence of judges, resulting in non-compliance with the provisions in the trial, there will only be legalistic judges. The application of the principle of fast justice in criminal case trials, the trial process does not need to be limited by law because in principle the freedom of judges is not unlimited because judges cannot exceed the limits of their authority, judges maintain legal certainty and judges maintain consistency of decisions. In the research conducted, the authors have a main problem as a guide for discussion in the study, namely how to apply the principle of fast justice in the Tembilahan District Court and how the obstacles and obstacles in the application of the principle of fast justice in the Tembilahan District Court. The research method carried out using this type of research is included in the observational research group with its descriptive analytical nature. the object of research, regarding the principle of speedy justice in the Tembilahan District Court. The location of the research carried out in the study was the Tembilahan District Court. Primary data is material obtained from respondents, namely: the Chairperson of the Tembilahan District Court, the Tembilahan District Court Judge and the Defendant. Secondary data in the form of literature books, and journals as well as the internet. Tertiary legal material in the form of a dictionary of Indonesian law. Data collection tools using interviews with respondents. Data analysis by drawing conclusions in this study is guided by the deductive method, namely the inference from general things to specific things. The application of the principle of fast justice at the Tembilahan District Court that the examination and settlement of cases are carried out in an efficient and effective manner, has resolved cases effectively and efficiently. does not see what is the basis for the intention of the parties to file a case, does not see whether the parties have the will or legal reasons to carry out the principle of speedy trial or not in the criminal case process. The obstacles faced are also related to the rules at the Tembilahan District Court, namely the work rules of judges or other law enforcement officers but do not regulate how the procedural law is in the trial, because this is a Supreme Court Circular (SEMA) so it cannot regulate criminal procedural law. The fact in the trial using a trial that should be in accordance with the provisions in the trial at the Tembilahan District Court is that the judge cannot examine the evidence optimally due to time constraints and the principle of fast trial, and there is no procedural law that regulates the trial process and the implementation cannot be uniform.

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