Peranan Saksi Yang Berstatus Prt Dalam Tindak Pidana Pencurian Dengan Pemberatan Dalam Putusan Nomor: 244/PID.B/2018/ PN.PBR

Suheri, Heri (2019) Peranan Saksi Yang Berstatus Prt Dalam Tindak Pidana Pencurian Dengan Pemberatan Dalam Putusan Nomor: 244/PID.B/2018/ PN.PBR. Other thesis, Universitas Islam Riau.

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Abstract

A witness who is a domestic worker with a material status must have a job or occupational secret so that he may resign from his obligation to be a witness. But in reality in the practice of examining criminal cases, witnesses with the status of domestic workers may be used as witnesses. If a witness who is a domestic worker is asked for information before a court, it is possible that the witness is not objective, transparent and full of settings, because the witness is still a domestic worker who works and receives wages from the employer as the victim himself. His conviction also should not be said as part of valid proof because witnesses only testify to the information he gets from other people about the state of the existence of CCTV alone without hearing, seeing and experiencing it for themselves. The main problem of this research is First, What is the Position of the Witness in Article 184 of the Criminal Procedure Code in the Criminal Case, Second, How is the Strength of the testimony of a Witness with the status of a Domestic Worker, tried in the Theft of a Crime with a Weighting on the Decision Number: 244 / Pid.B / 20T8 / PN / Pbr . While this research method is normative legal research, while the nature of the research conducted is descriptive in nature, the writer intends to describe systematically, conceptualized, and actual regarding the crime of theft with witnesses with the status of domestic workers in case Number: 244 / Pid.B / 2018 / PN .Pbr. The results of the author's research are the Position of the Witness in Article 184 of the Criminal Procedure Code in a Criminal Case as a valid evidence according to the law that can be used as a strength of proof, because his statement can provide a truth to the case being examined in court. However, the validity of the witness' statement conveyed is seen from the witness's quality of self and the cause of the witness's knowledge of his testimony. So the witness is obliged to be sworn in before giving testimony before the trial to corroborate his statement. Judges are free to judge the strength or truth inherent in witness testimony. He can accept or reject it, and the strength of the testimony of witnesses who have the status of domestic workers, are tried in the theft of the criminal act with a weighting in Decision Number: 244 / Pid.B / 2018 / PN / Pbr. contrary to the provisions of Article 170 of the Criminal Procedure Code and witnesses with the status of domestic workers, their testimonies also cannot be accounted for because witnesses do not see directly hearing the theft committed by the defendant but witnesses only hear from the statements of the victim and the CCTV.

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