Kesesuaian Penggunaan Saksi Verbalisan Serta Petimbangan Hukum Hakim Dalam Menjatuhkan Putusan

Abstract

    This study aims to determine the position of a verbal witness as well as the effects of legal considerations from the judge in dropping sentences by presenting the verbal witness. Verbal witness or investigator witness is an investigator who became witness to a criminal case at the court because the defedant said that the information contained in the investigation and interrigation report (BAP) is made in a state of tension or there is a difference with the witness statements written in the investigation and interrigation report (BAP). The discussion covered in this research is the presence of a verbal witness conformity with the provisions of Article 184 Criminal Procedure Code and the suitability of the legal considerations of judges in decisions by Article 183 Jo Article 193 paragraph (1) Criminal Procedure Code.

     This legal research is normative legal research that tend to be both prescriptive and applied. Using the case approach, this study done by analyzing cases those related with the current issue. The sources of this research are secondary legal material by means of legal documents, and the primary legal material which include book, journal, or article.

    The results of the study is that the the testimony of verbal witnesses due to the revocation of the investigation and interogational report which has been done by the defendant could be categorized as one of valid evidence namely suggestion in accordance to Article 184 Criminal Code,  also, legal consideration by the judge in dropping sentences has been fitted with the Criminal Code Procedures Article No. 183 Jo. Article 193 section (1) whereas the judge possesing more than two assuring evidence and the court shall sentencing the crime.

     Keywords : Identification, Verbal Witness, Consideration of Judge