Eksistensi dan Kedudukan Visum Et Repertum Dalam Pembuktian Perkara Pidana Pemerkosaan Di Pengadilan Negeri Tembilahan (Studi Kasus Perkara Nomor: 325/Pid.Sus/2012/Pn.Tbh)

Hidayat, Rakhmad (2017) Eksistensi dan Kedudukan Visum Et Repertum Dalam Pembuktian Perkara Pidana Pemerkosaan Di Pengadilan Negeri Tembilahan (Studi Kasus Perkara Nomor: 325/Pid.Sus/2012/Pn.Tbh). Masters thesis, Universitas Islam Riau.

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Abstract

The role of the results of post mortem examination be made by the doctor ofmedicine or psychiatry judicial judiciary in many cases crime is very much helpful in proceedings in court. In the District Court trial examination Tembilahan in case Number: 325 / Pid.Sus / 2012 / PN.TBH are on a post mortem is not a judicial medical expert, but only made by a general practitioner who makes it as mail Visum et Repertum Number: 324/359 / 2012 November 24, 2012, made by doctors Afrizal physician at Regional General Hospital Raja Musa Guntung River. Of course, this sort of thing causing gaps and may not match what was expected. He formulation of the problem in this study is whether legitimate if Visum et Repertum made by medical doctors in the process of proving the criminal case of rape case Number 325 / Pid.Sus / 2012 / PN.TBHdan what the judges receive consideration Visum et Repertum made by general practitioners in the process of proving the criminal case of rape case Number 325 / Pid.Sus / 2012 / PN.TBH. His research is classified into normative and legal research is descriptive in giving an overview systematically accompanied by explanations of the use of a post mortem as evidence in a criminal case. The data collected in this research is secondary data which consists of material Primary Law, which in this study is the criminal case file No. 325 / Pidsus / 2012 / PN.TBH of evidence by using a post mortem and legislation, material secondary law, namely the legal theories,doctrines and literature (literature) related to the problem that is being researched and Tertiary law material, a material that gives instructions as well as an explanation of the primary legal materials and secondary legal materials in the form of a dictionary. Visum et Repertum in the decision on the number: 325 / Pid.Sus / 2012 / PN.TBH, that the judge is bound by the post mortem for the post mortem connecting it with other evidence as evidence in consideration of the judge and included the post mortem that old wounds and caused by intercourse in accordance with Visum et Repertum No. 328/359/2012 dated November 24, 2012, which created and ditangatanggani by dr. H. Afrizal. Consideration of the judge accepts a post mortem is made by a general practitioner in case No. 325/Pid.Sus/2012/PN.TBH because it is supported by other evidence, namely evidence of witnesses, evidence, testimony of the defendant.

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