PENGGUNAAN SAKSI MAHKOTA DALAM PEMBUKTIAN PERKARA PENADAHAN (STUDI PUTUSAN NOMOR 45/Pid.B/2025/PN Png)

Abstract

Abstract: This research examines the use of a crown witnesses in the prosecution of a fencing case by analyzing Decision Number 45/Pid.B/2025/PN Png. The central issue addressed is how the application of a crown witness functions in criminal cases involving multiple perpetrators, and whether its use aligns with the principles of a fair trial and the positive legal framework in Indonesia. The objective of this research is to analyze the legal basis, judicial considerations, and juridical implications of employing a crown witness in the stated fencing case. A normative legal research method was utilized through a case study approach, which involved a review of court decisions, legislation, and relevant legal doctrines. The findings indicate that the panel of judges employed the crown witness to strengthen the overall evidence; however, its application must adhere to legal limitations, particularly the prohibition against solely relying on co-defendants as aggravating evidence. This ruling emphasizes that the testimony of a crown witness is valid only when supported by other relevant evidence that correlates with the elements of the fencing crime. The research concludes that the use of crown witnesses is acceptable as long as it preserves the principles of justice, proportionality, and the protection of the defendant's rights.