ANALISIS YURIDIS KEKUATAN PEMBUKTIAN OLEH ANAK SEBAGAI SAKSI KORBAN DALAM TINDAK PIDANA PERKOSAAN (Studi Putusan Nomor: 71/Pid.B/2017/PN.Mre)

Abstract

In the mere of criminal acts, a child does not only become a victim. It can be found in such
cases that a child is also being the witness of a crime that has happened. This is based on Law
Number 11 of the year 2012 concerning the Juvenile Criminal Justice System in Article 1 number 2
which states that Children in Conflict with the Law are children in conflict with the law, children
who are victims of criminal acts, and children who are witnesses of criminal acts. Witness
testimony is the most important evidence in a case. However, children under the age of 15 are not
considered to be witnesses who are sworn (taken oath) in an attempt to testify in court. Eventually,
the child does not become evidence of witness testimony which is considered valid in proving a
criminal case.
The purpose of this thesis is: First, to analyze how far is the proofing that is stated by a
child in the effort of solving the crime of rape (case of Verdict Number: 71/Pid.B.2017/Pn.Mre).
Second, to analyze the type of special protection that can be given to a child victim who witnessed
the crime of rape. The research that is used in writing this thesis is Normative Juridical Approach
Metho or Literature Study in order to obtain secondary data. To obtain secondary data, researcher
studies and analyzes the laws and regulations, law theories to sum up the conclusion of a matter
that is being examined.
From the results of the study, there are 2 (two) main things that can be concluded: First, A
child who is not yet 15 (fifteen years) of age cannot be taken an oath or promise in giving his/her
testimony in court. However, as long as there is a match between the child’s statement and other
legal evidence, the child’s statement can be classified as a guide that can be the basis in
strengthening the Judge’s beliefs in making a final decision. Second, The child in providing his/her
statement may also disclose his/her statement outside of the court’s session, namely through
electronic recording carried out by the Local Community Counselor, in the presence of
Investigators or Public Prosecutors, and Advocates or other legal aid providers that is involved in
the existing case. Child witnesses and/or child victims are also allowed to provide information
through remote examination using audiovisual communication tools. All of this is done in order to
maintain good protection for children in law.
The legal position of a child in the effort of proofing a crime is frankly stated in the
Criminal Code of Indonesia, yet according to the legislatives that somebody who is still categorized
as a child does not have the perfect responsibility and accountability in the purpose of giving
testimonials in trial. Therefore, a child’s testimony is used either as a “clue” or addition of a valid
means of evidence which is also useful to convince the Judge in trial.
The researcher’s suggestion is that in making a decision that is as fair as possible, the
Judge(s) should be wise when considering the evidence that are also obtained from the facts
revealed before the trial. Even though the victim witnesses are classified as “children” and tend to

JOM Fakultas Hukum Universitas Riau Volume IX Edisi 2 Juli – Desember 2022 Page 2
be in the unstable state of self, may the information from the statement given by the child remains a
consideration that has strong value considering that in a rape crime, the child is the only victim
who directly experienced and witnessed the crime of rape by the perpetrator.
Keywords : Child-Child Witness-Crimes-Rape