Novia Syiam Irwani, . (2024) KONSEP PEMBUKTIAN DALAM PENYELESAIAN PERKARA TINDAK PIDANA KEKERASAN SEKSUAL. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
In the settlement of cases of sexual violence crimes, there are problems in proving cases, namely the difficulty of obtaining valid evidence, and obtaining a judge's belief that the defendant is legally and convincingly guilty. This research uses normative juridical research using a statutory approach, Conceptual approach, comparative approach, and case approach. The results showed that the testimony of witnesses and / or victims is sufficient to prove that the defendant is guilty if accompanied by one other valid evidence and the judge obtains a conviction that the defendant is guilty, but in fact there are still cases of sexual violence crimes that are acquitted by the judge due to lack of evidence that can convince the judge. Therefore, it is important to involve several experts including Mental Experts, namely psychologists, psychiatrists, and Forensic Medicine Experts to obtain evidence in the form of victim medical records and expert testimony, as well as how lie detectors can assist in strengthening evidence at trial by conducting special examinations of perpetrators of sexual violence and fulfilling the minimum evidence in accordance with the provisions in the legislation in the form of expert testimony evidence, letter evidence, and clue evidence. Furthermore, it is supported by the approach to proving cases of sexual violence crimes adopted from India, namely the evidentiary approach with the assumption of the Judge that the defendant is guilty until proven otherwise on the condition that valid evidence has been fulfilled that can show facts and not just possibilities, although the Indian state evidentiary system is different from Indonesia, this evidentiary approach can be adopted specifically in cases of sexual violence crimes, considering that this evidentiary approach is applied in India, one of which is motivated by the results of an international study by Thompson Reuters which states that India is the most dangerous country for women in 2018, especially in terms of sexual violence due to the high number of cases of sexual violence in India. In addition, the ICRC (International Committee of the Red Cross) in the ICRC Strategy on Sexual Violence 2018-2024 regulates that the resolution of cases of sexual violence in armed conflict using the reverse proof approach is supported by the multidisciplinary response of the ICRC team to obtain accurate facts, this approach can be adopted by forming a special team for handling sexual violence in the Indonesian criminal justice system, so as to minimize difficulties in proving cases and providing legal certainty for victims of sexual violence.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Additional Information: | [No. Panggil: 2010611250] [Pembimbing: Rosalia Dika Agustanti] [Ketua Penguji: Handar Subhandi Bakhtiar] [Penguji 1: Abdul Kholiq] [Penguji 2: Rosalia Dika Agustanti] |
| Uncontrolled Keywords: | Concept of Case Proof, Sexual Harassment, Comparative Law |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | NOVIA SYIAM IRWANI |
| Date Deposited: | 23 Aug 2024 03:40 |
| Last Modified: | 23 Aug 2024 03:40 |
| URI: | http://repository.upnvj.ac.id/id/eprint/30692 |
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