Adi Nugraha, Yopentinu (2025) Tinjauan Yuridis Terhadap Pembuktian Tindak Pidana Kekerasan Dalam Rumah Tangga Dalam Perkara Nomor.299/pid.sus/2022/pn.pbr. Other thesis, Universitas Islam Riau.

Text 211021008.pdf - Submitted Version Restricted to Registered users only Download (4MB) | Request a copy

Abstract

Evidence is a provision that regulates the evidence permitted by law which is used by the judge in proving the guilt of the accused in the trial, and it is not permissible to prove the guilt of the accused without juridical reasons and based on justice. It is conceivable that the evidence used by judges to prove an error in a trial in a domestic violence case is in fact very limited, often law enforcement officers are of the opinion that one witness and one other piece of evidence is still lacking. The main problem in this research is: How to Prove the Crime of Domestic Violence in Case Number. 299/Pid.Sus/2022/PN.Pbr and What are the Legal Considerations of the Panel of Judges in Deciding Case Number. 299/Pid.Sus/2022/PN.Pbr The research method used in this research is this type of research is Normative Law. The object of this research is regarding the proof of criminal acts of domestic violence in the Criminal Procedure Code and Law Number 23 of 2004 concerning the Elimination of Criminal Acts of Domestic Violence and Case Number. 299/Pid.Sus/2022/PN.Pbr. Article 55 of the PKDRT Law, which stipulates that as a valid form of evidence, the testimony of a victim witness alone is sufficient to prove that the defendant is guilty, if accompanied by other valid evidence. This means that even if a victim witness provides information that he or she experienced domestic violence by his or her husband or wife, plus one piece of valid evidence, then the husband or wife as the perpetrator can be held criminally responsible. It is known in Article 184 of the Criminal Procedure Code that valid evidence includes witness statements, expert statements, letters, instructions and the defendant's statement. If the victim's witness statement is accepted, then at least other legal evidence is needed. The judge's examination of evidence really determines the final decision in adjudicating a criminal case, whether the case charged by the Public Prosecutor is a general criminal case such as a crime of sexual violence or a special crime. Keywords: Evidence, Witnesses, Domestic Violence

Actions (login required)

View Item