KEKUATAN KETERANGAN SAKSI ANAK DALAM PENEGAKAN HUKUM PADA KASUS TINDAK PIDANA ASUSILA TANPA DIDUKUNG ALAT BUKTI LAINNYA

Abstract

The evidentiary stage is one of the aspects of the trial, especially in the aspect
of evidence that plays a role in proving a person's guilt so that he can be
sentenced by a judge. In this case, many children are victims as well as witnesses
in cases of immoral crimes by giving testimony under oath, this is not in
accordance with the Criminal Procedure Code which requires every witness to be
sworn in, but over time the issuance of the latest regulations, namely the Law on
Sexual Violence, this is certainly a problem for judges where children are the only
witnesses who hear, see, and experience an immoral crime themselves.
The objectives of writing this thesis are: first, whether the child's testimony
can be taken into consideration by the judge in making a decision on an indecent
crime case. Second, What is the strength of child witness testimony in court,
without the support of other evidence in several cases.
This type of research can be classified as normative juridical research,
because in this research the author uses literature study materials such as official
documents, books to conduct research in this study, data sources used, primary
data, secondary data and tertiary data, collection techniques in this research with
literature review methods or documentary studies.
From the results of this study it can be concluded First, the testimony of child
witnesses who cannot be given under oath, is not valid evidence, but can be used
as a clue and can prove that the defendant is guilty if accompanied by 1 (one)
other valid evidence and the judge gains confidence in the case this is stated in
article 25 paragraph 1 of the TPKS Law. Second, the testimony of child witnesses
without oath that is used as a clue is based on the correspondence with other
evidence that is considered by the judge in imposing sexual crimes on children.
The author's suggestions, First, it is hoped that judges who try criminal cases,
especially in examining and evaluating the testimony of minor witnesses, must be
wise and wise. Second, there needs to be an internal judicial regulation that
dedicates the judge's belief in the consideration of child witness testimony by
following the latest regulations and closing the gap so that cases of immoral
violence decrease significantly with a deterrent effect for the defendants. Either
through the decision of the Supreme Court in order to increase the evidentiary
power of child witness testimony in order to achieve the legal objectives of justice,
certainty and expediency.
Keywords: Strength of Proof - Indecent Crimes - Child Witnesses