Rekam medik sebagai alat bukti dalam pemeriksaan perkara pencurian (studi kasus di pengadilan negeri kota Madiun)

Those involved in the law should be protected, especially in relation to the application of criminal sanctions, not merely repressive functions or retaliation against the perpetrators of criminal acts, must prioritize the humanitarian aspect in protecting their rights before the law. The principle of presumption of innocence is one application of the importance of upholding human rights in criminal law. The existence of guarantees and protection of human rights in criminal procedural law has a very important meaning. Much of this series of proceedings of the criminal procedural law leads to restrictions on human rights such as arrest, detention, seizure, searches and punishment which are essentially human rights restrictions. According to the United Nations Declaration of Human Rights is that everyone has the right to life, liberty and security of the body, to be recognized of his personality under the law, to obtain equal treatment with others under the law, to obtain legal guarantees in criminal cases, as publicly examined, is presumed innocent unless there is valid evidence. The responsibility of the defendant is sometimes unavailable due to the reason for the absence of crime (strafuitsluiting grond) in the form of excuses and justification reasons. The provisions in the law that remove the punishable by the author, which is the answer to the formulation of a specific offense in the law. Common criminal negation reasons are contained in Articles 44 and 49 of the Criminal Code. The defendant according to Article 44 of the Criminal Code can be declared to suffer from a psychiatric disorder then, with the verification of a legal counsel may prevent the criminalization of the defendant. Article 44 of this Criminal Code is a forgiving excuse which can remove the criminal responsibility of the defendant even though legally elements of the crime committed by the defendant are proven