Kekuatan Pembuktian Keterangan Saksi Anak Tanpa Sumpah Serta Pertimbangan Hakim Terkait Pemenuhan Asas Minimum Pembuktian

Abstract

           This theoretically and normatively discussion and study on the strength of evidence for child witnesses testify without oath and the judge's consideration in deciding criminal violence against children review of minimum evidentiary basis of Article 183 of the Criminal Procedure Code. This research is doctrinal research with prescriptive type and case approach research. The technique of legal material coleecting in this research is library research or the primary legal material and secondary legal material. This research using deductive method syllogism.

            According to the study result of the criminal case about violance against child that happened in Lubuk Pakam which the defendant had flicked and pulled on the ear of his victim until the victim felt pain in the inner ear, in this case the testimony from underage children as witness without oath is considered as additional of evidence and also as indication to the judge, then the judge’s opinion to decides this case have already qualified the principle of minimum evidence in section 183 criminal-law procedural code (KUHAP), where there has been evidence of testimony from witness who has taken an oath followed by testimony from witness without an oath as well as written evidence of Visum Et Repertum result.

           Keywords: strength of evidence, child witnesses, minimum basic evidentiary