CD Skripsi

Analisis Yuridis Kekuatan Pembuktian Oleh Anak Sebagai Saksi Korban Dalam Tindak Pidana Perkosaan (Studi Putusan Nomor: 71/Pid.B/2017/Pn.Mre)

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ABSTRACT
In the mere of criminal acts, a child does not only become a victim. It can be
found in such cases that a child is also being the witness of a crime that has happened.
This is based on Law Number 11 of the year 2012 concerning the Juvenile Criminal
Justice System in Article 1 number 2 which states that Children in Conflict with the
Law are children in conflict with the law, children who are victims of criminal acts, and
children who are witnesses of criminal acts. Witness testimony is the most important
evidence in a case. However, children under the age of 15 are not considered to be
witnesses who are sworn (taken oath) in an attempt to testify in court. Eventually, the
child does not become evidence of witness testimony which is considered valid in
proving a criminal case.
The purpose of this thesis is: First, to analyze how far is the proofing that is
stated by a child in the effort of solving the crime of rape (case of Verdict Number:
71/Pid.B.2017/Pn.Mre). Second, to analyze the type of special protection that can be
given to a child victim who witnessed the crime of rape. The research that is used in
writing this thesis is Normative Juridical Approach Metho or Literature Study in order
to obtain secondary data. To obtain secondary data, researcher studies and analyzes
the laws and regulations, law theories to sum up the conclusion of a matter that is
being examined.
From the results of the study, there are 2 (two) main things that can be
concluded: First, A child who is not yet 15 (fifteen years) of age cannot be taken an
oath or promise in giving his/her testimony in court. However, as long as there is a
match between the child’s statement and other legal evidence, the child’s statement can
be classified as a guide that can be the basis in strengthening the Judge’s beliefs in
making a final decision. Second, The child in providing his/her statement may also
disclose his/her statement outside of the court’s session, namely through electronic
recording carried out by the Local Community Counselor, in the presence of
Investigators or Public Prosecutors, and Advocates or other legal aid providers that is
involved in the existing case. Child witnesses and/or child victims are also allowed to
provide information through remote examination using audiovisual communication
tools. All of this is done in order to maintain good protection for children in law.
The legal position of a child in the effort of proofing a crime is frankly stated in
the Criminal Code of Indonesia, yet according to the legislatives that somebody who is
still categorized as a child does not have the perfect responsibility and accountability in
the purpose of giving testimonials in trial. Therefore, a child’s testimony is used either
as a “clue” or addition of a valid means of evidence which is also useful to convince
the Judge in trial.
The researcher’s suggestion is that in making a decision that is as fair as
possible, the Judge(s) should be wise when considering the evidence that are also
obtained from the facts revealed before the trial. Even though the victim witnesses are
classified as “children” and tend to be in the unstable state of self, may the information
from the statement given by the child remains a consideration that has strong value
considering that in a rape crime, the child is the only victim who directly experienced
and witnessed the crime of rape by the perpetrator.
Keywords : Child-Child Witness-Crimes-Rape

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1809125302

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1809125302

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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