THE EVIDENTIARY VALUE OF VISUM ET REPERTUM IN ESTABLISHING THE CRIME OF ATTEMPTED RAPE (An Analysis of Court Decision No. 72/Pid.B/2021/Pn.Pps)

Rania Adriane Desrina, . (2026) THE EVIDENTIARY VALUE OF VISUM ET REPERTUM IN ESTABLISHING THE CRIME OF ATTEMPTED RAPE (An Analysis of Court Decision No. 72/Pid.B/2021/Pn.Pps). Journal of Law, Poliitic and Humanities (JLPH), 6 (3). pp. 2269-2276. ISSN 2962-2816

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Official URL: https://www.dinastires.org/JLPH/article/view/3183

Abstract

The Criminal Procedure Code establishes it as the basis for judges to determine whether the elements of a crime are proven lawfully and convincingly. In the case of attempted rape against a deaf and mute person with disabilities in Decision Number 72/Pid.B/2021/PN.Pps, the evidentiary process faced challenges due to the victim’s limited communication. This study aims to analyze the role of visum et repertum in proving the elements of attempted rape. Using a normative juridical method with a case approach, this research relies on legislation and court decisions as primary materials, supported by scholarly works. The results show that visum et repertum is written evidence with strong probative value, as it presents objective medical findings indicating physical violence, supporting the elements under Article 285 in conjunction with Article 53 paragraph (1) of the Criminal Code. In this case, visum et repertum strengthened witness testimonies and helped the judge form a conviction that acts leading to rape had occurred, despite no intercourse. It thus functions not only as formal evidence but also as protection for victims’ rights and a means to achieve substantive justice.

Item Type:	Article
Additional Information:	[No. Panggil : 2210611367] [Pembimbing : Handar Subhandi Bakhtiar] [Ketua Penguji : Aji Lukman Ibrahim] [Penguji 1 : Kayus Kayowuan Lewoleba] [Penguji 2 : Handar Subhandi Bakhtiar]
Uncontrolled Keywords:	Evidence, Visum et Repertum, Criminal Justice System
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	RANIA ADRIANE DESRINA
Date Deposited:	26 Aug 2026 03:38
Last Modified:	26 Aug 2026 03:38
URI:	http://repository.upnvj.ac.id/id/eprint/52003

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