PERTIMBANGAN HAKIM MENJATUHKAN PUTUSAN PEMIDANAAN PERKARA TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA

Abstract

Abstract :This article analyzes the evidentiary value of testimonies provided by a defendant's wife and child without an oath in domestic violence cases, based on Decision Number: XXX/Pid.Sus/2024/PN Sbs. The purpose of this article is to analyze the appropriateness of the legal application in the judge's considerations, particularly regarding the sentencing imposed in accordance with the provisions of Article 183 of the Indonesian Criminal Procedure Code (KUHAP). The research approach is conducted by examining cases related to legal issues that have obtained final and binding decisions.The legal materials in this article were collected through literature studies and subsequently processed using the syllogistic deduction method. The results of the case analysis show that the testimonies of the defendant's wife and child without an oath possess evidentiary value but cannot stand alone as stipulated in Article 185 of KUHAP. In this decision, the judge considered the testimony of the victim, the statement of the defendant's child, and forensic medical reports (visum et repertum), thereby fulfilling the requirements of Article 183 of KUHAP, which mandates at least two valid pieces of evidence. Consequently, the judge's considerations in deciding the case are deemed to be in accordance with the applicable legal provisions. Keywords : Testimony without an oath,Domestic violence, Judge's consideration,Court ruling.