Lutfi Noor Rosida, . (2024) KEKUATAN PEMBUKTIAN ANAK SEBAGAI SAKSI DALAM SISTEM PERADILAN PIDANA DI INDONESIA. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
A child can be a witness in proving a criminal case, especially in crimes of violence against children, sexual intercourse or sexual abuse. In criminal justice in Indonesia, child witness testimony are the main evidence to prove a criminal act, especially those involving children as victims. When giving a statement, a child witness is not sworn in, so normatively the evidentiary value of the child witness' testimony is not as evidence of the witness' testimony, but only as an addition to other valid evidence if it is in accordance with other evidence and to convince the judges in deciding whether the defendant is guilty or not. Based on this, the author formulates the problem, (1) What is the strength of the evidence of children's testimony as witnesses in the criminal justice system in Indonesia?, (2) What are the ideal regulations for the strength of evidence of children's testimony as witnesses in the criminal justice system in Indonesia? The research method used is normative juridical, with a statutory approach, a conceptual approach and an analytical approach. The results of the research show that the position of child testimony played an important role has not been accommodated in statutory regulations as an absolute evidence of witness testimony. Therefore, it is hoped that the Government and the DPR will revise the existing regulations regarding to the testimony of child witnesses, so that it will has the same legal force as the sworn witnesses and it is easier to provide evidence in criminal cases involving children as the main witnesses.
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No. Panggil: 2210622026] [Pembimbing 1: Beniharmoni Harefa] [Pembimbing 2: Supardi] [Penguji 1: Handar Subhandi Bakhtiar] [Penguji 2: Irwan Triadi] |
| Uncontrolled Keywords: | Child Testimony, Evidence, Criminal Justice. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | LUTFI NOOR ROSIDA |
| Date Deposited: | 02 Sep 2024 03:16 |
| Last Modified: | 02 Sep 2024 03:16 |
| URI: | http://repository.upnvj.ac.id/id/eprint/33425 |
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