AZAS IUS CURIA NOVIT DAN EKSISTENSI KETERANGAN AHLI HUKUM DALAM PERADILAN PIDANA

Curia Novit Jus: means that judges are considered to know and understand all laws, therefore the court is prohibited from refusing to examine, hear, and decide on a case that is filed under the pretext that the law does not exist or is unclear, but is obligatory to examine and judge him. Judges as judicial organs are considered to understand the law. Therefore the judge must provide services to every justice seeker who asks for justice to him. If the judge provides services in resolving disputes, finds no written law, the judge must explore the unwritten law to decide on legal cases as a wise person and fully responsible to the Almighty God, himself, society, nation and state. In a Criminal Case if the fact witness is not identified, the judge digs the facts in the trial, through the statement of the Criminal Law Expert to obtain confidence in deciding the case, the expert information obtained in the criminal case used to decide the case.