Diskursus Limitasi Hak Imunitas Ahli dalam Konstruksi Hukum Nasional

Tjoneng, Arman and Narwastuti, Dian and Salsabila, Keysha Azkia (2022) Diskursus Limitasi Hak Imunitas Ahli dalam Konstruksi Hukum Nasional. Dialogia Iuridica, 13 (2). pp. 162-179. ISSN 2085-9945

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Abstract

Expert testimony as evidence is needed to explain a case so that the panel of judges can decide a legal case objectively. Experts are often sued in civil courts because their statements are considered detrimental to the defendant's position. This raises pros and cons considering the capacity of the expert to provide his statement in accordance with his knowledge and abilities so that if his statement can be used as the basis for a lawsuit to the court, it is feared that the expert will not have the independence in providing his statement even though expert testimony is very necessary, especially related to environmental and criminal cases. Corruption cases that contain elements of sustainability. This type of research is normative legal research. The approach method used in this research is the statutory approach, the case approach and the conceptual approach. Experts have immunity based on professionalism and good faith, so they cannot be prosecuted criminally or civilly. If forced, there will be a weakening of the independence of the Experts and disrupt the justice system. If providing his/her statement is not based on good faith and manipulating data so that it benefits a certain party, the Expert can be prosecuted through the PMH channel. In order to strengthen the immunity of Experts, there must be strict rules stating the protection of experts with good intentions.

Item Type:	Article
Contributors:	Contribution Contributors NIDN/NIDK Email UNSPECIFIED Tjoneng, Arman UNSPECIFIED UNSPECIFIED UNSPECIFIED Narwastuti, Dian UNSPECIFIED UNSPECIFIED UNSPECIFIED Salsabila, Keysha Azkia UNSPECIFIED UNSPECIFIED
Uncontrolled Keywords:	Evidence, Expert Statements, Basis of Lawsuit, Unlawful Acts
Subjects:	K Law > K Law (General)
Depositing User:	Perpustakaan Maranatha
Date Deposited:	07 Jul 2023 06:07
Last Modified:	07 Jul 2023 06:07
URI:	http://repository.maranatha.edu/id/eprint/31986

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