Peradilan In Absentia Pada Perkara Tindak Pidana Korupsi dalam Perspektif HAM Terdakwa

Abstract

The purpose of this research is to know and understand the basic idea of the application of trial in absentia in the case of the Corruption, and to know the trial in absentia in the case of the Corruption and human rights relation to the defendant. In this writing, the type of research that was used normative legal research collection of legal materials used are literature research. The results of this research are: (1) the basic idea of the application of trial in absentia in the case of corruption is that it allows the examination in the trial because the defendant intentionally absent the trial, so that will have law certainty of the evidence relating to the case which examined the state assets, in order to save the State financial in the public interest. (2) the administration of justice in absentia on corruption cases essentially violating human rights, but by using the principle of derogation from the rights of the defendant as stated in Act Number 8 of 1981 on Code of Criminal Procedure (Criminal Code/KUHAP) and other regulatory legislation in Indonesia and international documents on human rights, can be delayed fulfillment (derogable rights). The conclusions of this research are: (1) the application of the basic ideas trial in absentia in the case of Corruption for the benefit of the country's financial rescue. (2) by using the principle of derogation from the rights set forth in the Code of Criminal Procedure the defendant may be delayed fulfillment of public interest.