CD Skripsi

Analisis Yuridis Pemeriksaan Saksi Di Persidangan Secara Virtual Online Di Masa Pandemi Covid 19

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ABSTRACT
The growth of communication and information technology continues to
develop, especially during this Covid 19 pandemic, during a pandemic like today,
many things are carried out virtually online, not least in terms of evidence in
court. One of the policies due to the Covid-19 pandemic is the implementation of
social distancing, so that generally trials conducted conventionally turn into
virtual online (teleconference), so that in this case the examination of witnesses is
also carried out (teleconference). The process of examining witnesses by
teleconference raises various pros and cons in its implementation. The debate that
has arisen is that teleconference is against the Criminal Procedure Code. The
Criminal Procedure Code which is the legal umbrella as a provision that enforces
proceedings in Indonesian courts has not explicitly regulated electronic evidence,
in this case teleconferences, so that there is no legal certainty compared to
statements or explanations given directly before the trial by witnesses. Article 185
paragraph (1) of the Criminal Procedure Code also confirms that "Witness
testimony as evidence is what he stated before the trial". The main problems in
this study are: How is the validity of online virtual witness evidence in the
examination of criminal cases during the covid 19 pandemic; How to reform
criminal law related to evidence of witness testimony virtually online
(teleconference).
This type of research is a normative juridical law research conducted by
examining library materials or secondary data. The data sources used are
secondary data sources consisting of primary legal materials, secondary legal
materials, and tertiary legal materials. Data collection techniques are carried out
by library research or library research. Data analysis used qualitative methods
which were carried out descriptively.
The results of this study are the validity of online virtual witness evidence
in the examination of criminal cases during the covid 19 pandemic. The obstacles
in this implementation are: Contrary to Law Number 8 of 1981 concerning the
Criminal Procedure Code, where there are no special rules which regulates the
examination of witnesses virtually online (Teleconference). Efforts that can be
made to overcome these obstacles are: carrying out legal reforms related to the
Criminal Procedure Code, it is necessary to carry out harmonization and
synchronization in the Criminal Procedure Code (KUHAP). With the birth of the
new KUHAP, which in this case is ratified and enforced as positive law as the
basis for implementing procedural law in Indonesia, it is hoped that it can bring
useful changes in the context of law enforcement with the aim of realizing justice
for the entire community.
Keywords: Witness Examination - Virtual Online (Teleconference) - Covid 19
Pandemic.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1809112669

Penerbit

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

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1809112669

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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