Research Paper
Year: 2020 | Month: August | Volume: 7 | Issue: 8 | Pages: 361-370
Position of CCTV Recordings as Evidence Tools in the Criminal Act of Theft
(Study of Decision No. 105/Pid.B/2015/PN. Bdg)
Rani Trisna Togatorop1, Syafruddin Kalo2, Marlina3, Edi Yunara4
1Student of Master of Jurisprudence Program, Universitas Sumatera Utara
2,3,4Lecturer of the Faculty of Law, Universitas Sumatera Utara
Corresponding Author: Rani Trisna Togatorop
ABSTRACT
Law No. 8 of 1981 concerning the Code of Criminal Procedure in Article 184 Paragraph 1 concerning criminal procedural law governing legal evidence, with the Act No. 11 of 2008 concerning information and electronic transactions also regulates evidence which is an extension of the Code of Criminal Procedure One of the most frequently used electronic devices for security devices is Closed Circuit Television (CCTV). Example of a criminal case committed by ECEP RUSTIANA Bin EMAN SULAEMAN that occurred at Hasan Sadikin Hospital in Bandung, namely the theft of a cellphone whose action was recorded by the CCTV of the Hospital and the CCTV footage of the hospital was used as evidence at the trial to ensnare the suspect in the act of committing the crime he has done and sentenced according to Article 363 Paragraph (1) to 3, drop the sentence to the defendant and therefore imprisonment for 10 (ten) months.The research method used in writing this thesis is a normative juridical legal research method that is analytical descriptive by conducting library research to obtain secondary data needed, including primary, secondary, and tertiary legal materials related to the problem. Overall data was collected using the method of collecting library research data (library research).Based on the results of the study showed that CCTV recordings can be used as evidence instructions, referred to by the directive as regulated in Article 188 Paragraph (1) of the Code of Criminal Procedure is an act, event or condition which due to the matching between one and another with the crime itself indicates that it has been a crime occurs and who is the culprit. These instructions can only be obtained from witness statements, letters, and statements of the Defendant (Article 188 Paragraph (2) of the Code of Criminal Procedure). CCTV records as evidence can not be separated from the Electronic Information and Transactions (EIT) Law, CCTV recordings included in the understanding of information and electronic documents as regulated in Article 1 Points 1 and 4 of the Law. No. 11 of 2008 concerning EIT and is valid evidence in the applicable procedural law, so that in criminal procedural law can be used as evidence in the process of investigation, prosecution and trial as stipulated in Article 5 Paragraph (1) and (2) and Article 44 Law of No. 11 of 2008 concerning EIT Law.
Keywords: CCTV Footage, Evidence, Theft
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