Saputra, Doni (2023) Peradilan In Absensia Dalam Penyelesaian Perkara Tindak Pidana Korupsi Di Pengadilan Negeri Pekanbaru. Masters thesis, Universitas Islam Riau.

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Abstract

Judicial in absentia, namely examining cases in the absence of the defendant, if the defendant was present and then is not present again, it is considered that the defendant was present. Regarding the presence of this defendant in corruption or economic cases, it is known as "in absentia". If it is said in absentia that the accused, after being summoned properly, does not appear at trial without giving clear or valid reasons, then the case can be examined and decided by the judge without his presence. Regarding in absentia judicial decisions announced by the clerk in the state news as well as in one or more newspapers appointed by the judge and the derivative of the decision delivered at the house concerned. From the background above, the authors formulate the main issues including: First, How is the Implementation of In Absentia Justice in Settlement of Corruption Crime Cases at the Pekanbaru District Court?, Second, What are the Barriers to the Implementation of In Absentia Justice in Settlement of Corruption Crime Cases at the Pekanbaru District Court?. Judging from its type, this research can be classified as Empirical Sociological research, namely research conducted by survey, namely research directly to the research location using data collection tools in the form of interviews. While the nature of this research is descriptive, namely providing a clear and detailed picture of the problems that are the subject of research. After going through the process of data collection and data processing, then the data is analyzed based on qualitative methods, then after the data is analyzed, inductive conclusions are formulated, namely drawing conclusions from the specific to the general. From the research results, it can be concluded that first, in absentia trials can be applied to perpetrators of corruption whose whereabouts are unknown (fugitives) as long as the summons for the accused has been properly carried out in accordance with statutory provisions, including summons several times and has been announced through the mass media but the accused not present at trial. Second, Obstacles to the Implementation of In Absentee Justice in Settlement of Corruption Crime Cases at the Pekanbaru District Court, namely: The difficulty of collecting evidence at the investigation stage, the weaknesses or obstacles faced are the difficulty of collecting evidence, the confiscation of the perpetrator's assets, There are still differences in interpretation regarding the presence of the accused both between the prosecutor and the judge, the difficulty of the judge in passing a decision to try a case in absentia is not as easy as a trial with ordinary procedures, where the judge in making a decision must find material truth and conviction.

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