Devi Ferdiani, . (2024) KEKUATAN PEMBUKTIAN SAKSI PENDERITA DEMENSIA PADA TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
This study aims to analyze the Evidentiary Power of witnesses with dementia who are victims of sexual violence in the Crime of Domestic Violence, if the witness with dementia is a single witness and there is a denial from the defendant about the criminal incident charged to him, including if the testimony of witnesses with dementia is given in writing at trial and to find out and analyze the role of the Public Prosecutor in the process of proof if witnesses with dementia are brought to trial in order to realize a balanced, fair law so that it is hoped that the creation of an appropriate regulation for people with dementia as vulnerable parties as victims of crime. This research is normative juridical research so that this research is obtained from primary legal materials and secondary legal materials. This approach uses a legal research approach (statue approach), case approach and conceptual approach. The results of this research will be presented by describing the data obtained through literature studies which are then analyzed using qualitative methods. The method of literature study derived from legal sources and comparison of the application of law in other countries to obtain information to solve the problems in the research. The results achieved in this study are that the proof of cases of domestic violence with witnesses with dementia is weak if it is not accompanied by other evidence because witnesses with dementia who are classified as witnesses with mental disabilities who give their testimony not under oath are considered as clue evidence, but if witnesses with dementia are still able to provide their testimony under oath based on the judge's assessment, their testimony will be considered the same as witness testimony in general. The role of the Public Prosecutor in the process of proving witnesses with dementia is regulated in the Attorney General's Guidelines no. 2 of 2023 which explains how the Public Prosecutor handles cases for witnesses with disabilities including people with dementia which refers to article 1 of Law Number 8 of 2016 concerning Persons with Disabilities, where people with dementia are classified as persons with mental disabilities.
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No. Panggil: 2210622024] [Pembimbing 1: Bambang Waluyo] [Pembimbing 2: Handar Subhandi Bakhtiar] [Penguji 1: Slamet Tri Wahyudi] [Penguji 2: Handoyo Prasetyo] |
| Uncontrolled Keywords: | Criminal Procedure Law, Evidence of Law, Witnesses Dementia |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | DEVI FERDIANI |
| Date Deposited: | 27 Aug 2024 07:14 |
| Last Modified: | 27 Aug 2024 07:14 |
| URI: | http://repository.upnvj.ac.id/id/eprint/31403 |
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