KEABSAHAN PENOLAKAN TERDAKWA UNTUK BERSAKSI DAN BERSUMPAH DI PERSIDANGAN DAN RELASINYA DENGAN UPAYA MENJAMIN TERWUJUDNYA ASAS NON SELF INCRIMINATION (ANALISIS TERHADAP PERKARA PEMBUNUHAN NASARUDIN ZULKARNAIN)

This research is purposed to identify the legality of the defendant’s rejection to witness and be under oat in the court session and its relation to the assuring effort of creating non self incrimination principle to the criminal case investigation in south Jakarta district court, and also to do research on the implementation of article 50 to 60 of criminal law code which are related to the suspects and defendant’s right in detail and complete ruled in Indonesian criminal law code in relation to the criminal act of Nasrudin Zulkarnain’s murder, director of Putra Rajawali Banjaran, Inc., on Saturday, March 14 th 2009 which happened after the victim played golf in Modernland, Tangerang. This case has dragged the chief of the corruption eradication commission (KPK), Antasari Azhar. He is suspected as the intellectual actor behind this murder case. This research is a descriptive research and if it in viewed from its purpose, it can be categorized into normative and doctrinal law research. In this research, the technique of collecting data is through secondary data identification from literature study to collect and arrange the data which are related to the problem of the research. Based on the research type, therefore technique of analysis data which is used by researcher is content analysis, namely, a technique which is used through completing the analysis from certain secondary data. Based on the research, it can be taken a conclusion that the process of giving evidence should follow the principle which has a necessity to present the witnesses in the court. However, that is not absolute, therefore the witnesses’ statements which cannot be presented, can be read in the court if the situation has satisfied one of articles in article 162 (1) criminal law code. Therefore, before reading the witnesses’ statements which have been made in police interrogation file (BAP), there has to be witness’ reason of why he or she cannot attend in which this reason is mentioned in article 162 criminal law code. The witnesses’ statements which are read in the court can be used as legal evidence if the previous statements which are in the investigation process have been under oat. Keyword : The legality of the defendant’s rejection to witness and be under oat in the court session and its relation to the assuring effort of creating non self incrimination principle