ANALISIS YURIDIS KEKUATAN P EMBUKTIAN KETERANGAN SAKSI TESTIMONIUM DE AUDITU PASCA LAHIRNYA PUTUSAN MAHKAMAH KONSTITUSI NOMOR : 65/PUU-VIII/2010

Abstract

Decision of the Constitutional Court No. 65 / PUU-VIII / 2010
concerning Testing of Law Number 8 of 1981 concerning Criminal Procedure
Law, provides an extension of the understanding of witnesses stipulated in article
1 points 26 and 27 of the Criminal Procedure Code. The Constitutional Court as
one of the judicial power institutions whose decisions are final and binding, can
be one of the sources of criminal procedural law in Indonesia. But in practice
there are still many judges who do not follow the Constitutional Court Decision
as one of the instruments of evidence of legitimate witnesses in court. The purpose
of writing this thesis is, first: To find out the strength of the testimony of the
testimonium de auditu's testimony after the birth of the Constitutional Court
Decision Number: 65 / PUU-VIII / 2010. Second: To find out the implications of
the Constitutional Court Decision Number: 65 / PUU-VIII / 2010 on the
testimonies of witnesses of the testimonium de auditu in the decision of the
criminal court.
This type of research is normative juridical research, namely research
carried out by examining literature with secondary data sources consisting of
primary legal material in the form of legislation, secondary legal material legal
books, and tertiary legal materials in the form of dictionaries. Then the data are
analyzed qualitatively, namely analyzing data descriptively obtained from
secondary data.
From the results of the study it can be concluded that, first, the strength
of the testimony of the testimonium de auditu's testimony after the birth of the
Constitutional Court Decision Number: 65 / PUU-VIII / 2010 is that testimony of
testimonium de auditu can be used as a valid evidence in a trial at a criminal
court case . second, the implication of the Constitutional Court Decision Number:
65 / PUU-VIII / 2010 on the testimony of the witness of the testimonium de audit
in the verdict of the criminal court is to make the Constitutional Court Decision
Number: 65 / PUU-VIII / 2010 need to be followed and considered in every court
decision.
Keywords: Evidence Tools - Witness Information - Testimonium De Auditu -
Decision of the Constitutional Court