YOGYAKARTA In criminal justice, the trial has the principle of openness which states that the examination trial is open to the public. This is where the term in court law is known to be open to the public in
Referring to the meaning of the language, a trial open to the public is a trial that is open and can be attended by anyone. The public can attend and sit in court held in court which by the judge is declared open.
The judge's statement regarding the general trial began with a statement 'open trial to the public' when he was about to open a trial by the panel of judges.
Quoted from the online law, Yahya Harahap in the Discussion of Problems and Application of the Criminal Procedure Code: Examination of Court Court Sessions, Appeals, Cassation, and Review explained that the judge's statement that the trial was open to the public so that the court trial was clear, clear, and known to the public. The trial should not be held in a tindy in the dark.
The general trial is a reflection of the principles of democracy and transparency in law enforcement. The general public does not only carry out its supervisory function, but also as evidence that there is no regulation' in the trial process and decision-making.
Openness in the trial is not only implemented in the judge's decision, but is realized in various actions such as opening doors and windows so that the principle of open trial is truly achieved.
As mentioned earlier, in a general open session, the panel of judges will state that the trial is open to the public. This principle is also contained in Article 153 paragraph (3) of Law Number 8 of 1981 concerning the Law of Criminal Procedures (KUHAP):
For the purposes of examination, the presiding judge opened the trial and stated that it was open to the public except in cases regarding decency or the defendants were children.
Apart from being regulated in the Criminal Procedure Code, open trials are also regulated in Article 13 of Law no. 48 of 2009 concerning Judicial Power (Law 48/2009), which reads as follows.
Thus it can be concluded that everyone can attend open hearings. However, while attending an open session, there are some rules that must be adhered to.
Referring to the Circular of the Director General of the General Court of Mahkama Agung of the Republic of Indonesia, SE No. 2 of 2020 concerning Orders to Attend the Court, there are several rules that must be obeyed by the participants of the public open trial, namely as follows.
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