Year: 2023 | Month: December | Volume: 10 | Issue: 12 | Pages: 242-251
DOI: https://doi.org/10.52403/ijrr.20231228
Dilemmatic of the Proofing Testimonium De Auditu: Indonesian Legal Studies
Yulianto Syahyu
Faculty of Law, University of Bhayangkara Jakarta Raya, Indonesia.
ABSTRACT
The proof of testmonium de auditu cannot be used in criminal cases but the constitutional court's decision number 65/PUU-VIII/2010 gives the position of witness de auditu which creates a new dilemma in criminal trials. the method used is normative with a legal approach and a conceptual approach. The results showed that testmonium de auditu statement actually did not have the same evidentiary power as a factual witness, but because of the constitutional court decision that acknowledged the evidence of testmonium de auditu witness, the statement could be considered which in this case can be used as evidence in criminal trial accordance with what is in the criminal procedure code. The importance of witnesses does not lie in their own statements, but in the relevance of their statements to criminal cases that are being processed so that judges in assessing a criminal case do not rely solely on belief but must be based on the search for material truth in accordance with legal objectives in KUHAP.
Keywords: Evidence, Testimonium De Auditu, Criminal Procedure Code (KUHAP).
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