Kedudukan Hukum Alat Bukti dalam Tindak Pidana Pelecehan Seksual di Peradilan Pidana Indonesia

Abstract

Evidence occupies an important position. The judge in making a decision will need a lot of time to
study and analyze in depth the existing evidence and the results of the evidence will be used as a
guide in making a decision. Indonesia adheres to a system of proof according to negative law or
Negative Wettelijk Stelsel, this can be seen in the provisions of Article 183 of the Criminal
Procedure Code, where to convict the Defendant, the Judge must have at least two valid pieces of
evidence plus valid evidence. the judge's conviction, meaning that at least two valid pieces of
evidence, the judge obtains confidence that the crime actually occurred and the defendant was the
perpetrator. Therefore, the judge must carefully, thoroughly, and maturely assess and consider the
value of an evidence by examining the extent to which the "Power of Evidence" or minimum
bewijskracht of each piece of evidence as referred to in Article 184 of the Criminal Procedure
Code and besides that the judge must also distinguish between criminal acts other with evidence of
a crime of sexual violence.
The objectives to be achieved in this research are the first, namely to find out how the legal
position of evidence in the crime of sexual harassment in the Indonesian criminal court. Second, to
find out the ideal form of regulation regarding the position of evidentiary law in the crime of
sexual harassment in criminal justice in Indonesia.
The author conducts research using normative juridical methods or literature studies to obtain
secondary data which is divided into 3 (three) namely primary, secondary and tertiary legal
materials. In this study, researchers used a statutory approach to study law, namely the principle
of justice associated with the problems studied.
From the research results, there are three main things that can be concluded: First, regarding the
legal position of evidence in the crime of sexual harassment in the Indonesian criminal justice
system, it plays an important role. what the defendant has done. Two ideal forms of arrangement
regarding the legal position of proof in the crime of sexual harassment in the Criminal Courts in
Indonesia are if it is not accompanied by a crime and other evidence that does not meet the
standards in Article 184 of the Criminal Procedure Code. Code, then the proof is useless.
Indonesia still adheres to negative evidence by requiring that two pieces of evidence must be
presented in court, and this is difficult to prove in crimes of sexual violence. Therefore, the author
is of the opinion that especially with the crime of sexual violence there is no need to pay attention
to two pieces of evidence, the witness-victim testimony is the key and the perpetrator's lie detector
tool is one of the expert statements.
Keywords: Legal Standing, Evidence, Sexual Harassment, Criminal Justice