Conceptualization of Grant of Justice Collaborator Status to Main Actors in Criminal Actions

Lusia Sulastri
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Abstract

The concept is not the main actor in determining Justice collaborators reap debate. This is because Richard Eliezer in the Brigadier J murder case was the main executor, even though he was the only person who was ordered to do so, but his position was that they were both perpetrators, but in fact it was accepted by the panel of judges. This research is aimed at examining the conceptualization of granting justice collaborator status to the main actors in criminal acts and the authority to grant justice collaborator status to the main actors in criminal acts. The results of the study state that the conceptualization of granting justice collaborator status to the main actors in criminal acts leads from the subjective pendulum to the objective pendulum. This means that so far the determination has been based on the subject, namely the main actor. However, with the rejections of Justice collaborator witnesses previously determined by the KPK or Prosecutors, the judge sees the objective actions of the perpetrators, this is what is called objective, no longer subjective whether the perpetrators themselves are the main actors or not. Determining the status of a justice collaborator who is awarded with a decision is the authority of the judge.
刑事诉讼主体司法合作者地位的界定
这个概念并不是决定司法合作者获得辩论的主要因素。这是因为理查德·以利以谢在J准将谋杀案中是主要的执行人,尽管他是唯一被命令这样做的人,但他的立场是他们都是肇事者,但事实上这被法官小组接受了。本研究旨在探讨赋予犯罪行为主体司法共犯地位的概念,以及赋予犯罪行为主体司法共犯地位的权威。研究结果表明,赋予犯罪行为主体司法帮凶地位的概念从主观钟摆走向客观钟摆。这意味着,到目前为止,这种决定是基于主体,即主要行为者。然而,随着先前由肃贪委或检察官确定的司法合作证人的拒绝,法官看到的是加害人的客观行为,这就是所谓的客观,不再是加害人本身是否是主要行为者的主观。决定被授予判决的司法合作者的地位是法官的权力。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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