PELAKSANAAN PEMERIKSAAN SAKSI YANG TIDAK DAPAT DI DENGAR KETERANGANNYA MENURUT PASAL 168 KUHAP DALAM SIDANG DI PENGADILAN NEGERI PEKANBARU

Abstract

Based on Article 183 of the Criminal Procedure Code, The Judge has an
important role in a trial process, namely making a decision in a case by
considering all available evidence. The system of proof in Indonesia which
adheres to the belief of judges based on at least two legitimate evidences, still has
weaknesses. Witness testimony is one of evidences in a court case in the form of a
witness statement regarding a criminal event he heard and experienced by
himself, in accordance with the provisions of Article 1 point 27 of the Criminal
Procedure Code. In Article 168 of The Criminal Procedure Code it is explained
that there are several characteristic of witnesses whose testimony cannot be
heard. But in cases of criminal acts as decided in the decision of the Pekanbaru
District Court Number: 24/Pid.Pra/2017/PN.PBR, Number: 08/Pid.Pra/2017/
PN.PBR, the judge presents a witness who cannot be heard or the witness has a
family relationship with the defendant.
The purpose of this thesis is: First, to find out the examination of witnesses
that cannot be heard according to Article 168 of the Criminal Procedure Code in
the process of verification at Pekanbaru District Court. Second, to find out the
legal reasons for the judges in using witnesses whose testinomy cannot be heard
according to Article 168 of the Criminal Procedure Code in the process of
verification in Pekanbaru District Court.
This type of research is sociological legal research. From the results of
the problem research there are two main things that are concluded. First, in
carrying out the examination of witness statements that cannot be heard can be
made or there is an exception if it is expressly approved by the public prosecutor
and the defendant. Secondly, the legal reason for the judge to use the testimony
cannot be heard because of a criminal offense committed in the family sphere.
Keywords: Proof – Family Witness – Judge’s Perception