CD Skripsi
Kedudukan Saksi Verbalisan Terhadap Kekuatan Pembuktian Dalam Penyelesaian Perkara Pidana Di Persidangan
ABSTRACT
Verbalisan a witness or police investigator who has conducted the examination process or verbal process against the accused and the investigator who has made a suspect in the investigation BAP, Practice using verbalisan witnesses (witness the investigator) in the process of criminal case investigation normative regulation does not expressly, but their use is allowed and the presentation of witnesses verbalisan background is in accordance with Article 163 Criminal Procedure Code which if different from the trial testimony that his statement contained in the minutes, hearing the presiding judge warned the witness about it and asked for information about the differences and recorded in the minutes of the examination session. Based on the description above, the problem can be formulated as follows: First, What is the law on witness verbalisan construction in progress in the trial of criminal cases? Secondly, How verbalisan the implications of witness testimony in the trial of the accused?
This type of researchcan beclassified intotypes ofnormative, iethe studyof the principlesof law. This studyusessecondary data sourcesconsistingof, primary legal materials, legal materialsand secondary andtertiarylegalmaterials, techniques ofdata collectionin this studywith thestudy of literature.
From the research problem, there are two main things that can be inferred. Firstly, Construction law against verbalisan witness in a criminal case in the court settlement can be considered as evidence in court guidance, which is one of the valid evidence under Article 184 paragraph (1) KUHAP; Second, the implication of the testimony of witnesses verbalisan defendant in court is if if after clarification of verbalisan witnesses, that there has been proven true or coercion, threats and torture of the defendants themselves revocation reason is acceptable, so the information contained in the dossier is invalid, and the description of it (BAP) can not be used as a foundation to help find evidence in court. However, if clarification of the results was not known to occur coercion, threats and torture of the accused himself, the reason for revocation is not justified, so the information contained in the defendant's confession BAP still considered true and judges can use it as a tool to help find evidence in the trial court and any indication on the guilt of the accused. Advice Author, First, this verbalisan Witnesses should be enshrined in legislation so that in practice, his position became clear in theory and practice. Second, judges should be cautious, wise and prudent in deciding a case.
Keywords: WitnessVerbalisan-Evidence-Juridical Implications
Tidak tersedia versi lain