TINJAUAN YURIDIS PERTIMBANGAN ALAT BUKTI BERUPA KETERANGAN AHLI DALAM MEMUTUSKAN PERKARA DI PENGADILAN

Abstract

In the Indonesian Criminal Procedure Code, Article of 184 explains 5 means of
evidence. The expert information is one of the legal evidence and was ranked number
two after the statements of the witnesses to be examined in the trial. The expert
information is needed to make light of a case which may be required to be presented by
the presiding judge, prosekotor and the defendant. Based on this understanding, the
author formulates three problems, namely: The first, how is the process of filing an
expert to testify in the trial of criminal cases in the District Court ?, second, what is the
judge’s consideration in accepting the expert presented by the parties in the criminal
proceedings at the District Court?, and the third, how is the judge’s judgment in
deciding a case based on expert information in the District Court?.
This type of research can be classified in normative legal research (legal
research) or also called research literature by examining secondary legal materials or
research based on standard rules that have been recorded is also called bibliography
research, the type of data used is using secondary data consisting of primary,
secondary and tertiary legal material. While the data collection used in this writing is
the method of literature review or documentary study, the data has been collected and
then processed bay way of selection, clarified systematically, logically and juridically
qualitatively. The author draws a deductive conclusion, drawing the conclusions of the
things that are general to the things that are special.
From the result of research and discussion it can be concluded that, First, the
Regulation concerning the process of submission of an expert in the trial has been
regulated in the Criminal Procedure Code, whereby the presiding judge, public
prosecutor and defendant may propose an expert if deemed necessary to make light of a
case. Second, an expert presented in Court should meet the requirements set forth in the
decree of Chief justice of the Supreme Court of the Republic of Indonesia, number:
36/KMA/SK/II/2013 about Enabling Environment Case Management Guidelines in
Chapter VII. Third, consideration of the judge in deciding a case based on the expert
information that is based on faith, when if the party who according to the judge's
conviction is not guilty then the expert statement submitted will be more considered.
Keywords: Evidence-Expert Informant-Judge Consideration.