AZAS IUS CURIA NOVIT DAN EKSISTENSI KETERANGAN AHLI HUKUM DALAM PERADILAN PIDANA

Abstract

Curia Novit Jus: means that judges are considered to know and understand all laws,
therefore the court is prohibited from refusing to examine, hear, and decide on a case
that is filed under the pretext that the law does not exist or is unclear, but is obligatory
to examine and judge him. Judges as judicial organs are considered to understand
the law. Therefore the judge must provide services to every justice seeker who asks for
justice to him. If the judge provides services in resolving disputes, finds no written
law, the judge must explore the unwritten law to decide on legal cases as a wise
person and fully responsible to the Almighty God, himself, society, nation and state.
In a Criminal Case if the fact witness is not identified, the judge digs the facts in the
trial, through the statement of the Criminal Law Expert to obtain confidence in
deciding the case, the expert information obtained in the criminal case used to decide
the case.