EXCLUSIONARY RULE PRINCIPLE AND CONSTITUTIONAL RIGHTS PROTECTION IN EVIDENCE SEEKING

Abstract

The process of evidence seeking is often violations of constitutional rights. At this stage, the state authorizes law enforcers to carry out various coercive measures to obtain evidence. In many cases, the practice of violating constitutional rights in the evidence seeking raises the falses punishment. In Indonesia, coercive efforts to find evidence can be tested through pretrial institutions. Unfortunately, the existence of pretrial in Indonesia only test the formal truth of coercive measures and it is not yet authorized to examine the material truth. This article intends to explain the urgency and application of the exclusionary rule in various countries as well as the idea to push the regulation of exclusionary rules that allow judges to be not only examining judges but also investigating judges. Through this regulation, judges are expected to be able to examine formal and material actions as a control mechanism for the constitutional rights protection.