BALANCE BETWEEN LEGAL CERTAINTY AND JUSTICE IN THE CRIMINAL EVIDENCE SYSTEM IN INDONESIA

Abstract

The evidentiary system in criminal procedural law plays an important role in determining the achievement of legal objectives in the form of legal certainty, justice, and benefit. In practice, there is often a conflict between normative legal certainty and substantive justice that develops in society. This study aims to analyze the balance between legal certainty and justice in the evidentiary system of criminal cases in Indonesia. The research method used is normative legal research with a statutory and conceptual approach. The results of the study indicate that the negative evidentiary system according to the law adopted by the Criminal Procedure Code provides room for judges to consider their beliefs, but is still limited by valid evidence according to the law. Thus, the balance between legal certainty and justice can be achieved if judges are able to apply the law professionally, objectively, and oriented towards the value of substantive justice.