Hak untuk Perbicaraan yang Disegerakan dari Perspektif Undang-undang Sivil dan Syariah

Hajah Fatimah Haji Ahmad, Zulazhar Tahir, Md Khalil Ruslan
2019 Jurnal Undang-Undang dan Masyarakat  
In discussing criminal proceedings, priority is given towards the accused's right to get a fair trial. One right connected to the right to fair trial is the right to speedy trial in which the accused deserves to an expeditious disposal of the charge against him within a reasonable time. Nevertheless, delays in criminal proceedings is an issue that has been too often reported in case law. Therefore, this research focuses on issues of delays occurring in criminal proceedings, and the limitations
more » ... ithin which the courts are allowed by law to interfere in the effort to solve the problem. Librarybased research is adopted with the utilisation of content analysis and critical analysis methodologies on relevant statutes, journal articles and reported cases. The research reveals that the courts have limited powers to interfere in consideration of the prerogative powers awarded by law to the prosecution. This research also finds the need to balance between the rights of the accused and the rights of the State and the public. Based on these findings, this research recommends that all involved agencies play their roles in the best way possible in order to ensure smooth running of criminal proceedings for the benefit of all; the accused, the State, and the general public.
doi:10.17576/juum-2019-24-06 fatcat:h62sywo76jgojitycsdx6omkmm