KEKUATAN HUKUM SAKSI DE AUDITU DALAM PERKARA PERSETUBUHAN SANTRIWATI DIBAWAH UMUR (STUDI PUTUSAN NOMOR 284/PID.SUS/2022/PN.SDN)

Abstract

In the process of resolving criminal cases, law enforcers are obliged to try to collect evidence and facts regarding the criminal cases being handled as completely as possible. As for the legal means of evidence as referred to above and which have been determined according to statutory provisions, they are as regulated in Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) in Article 184 Paragraph 1 which states the instruments Valid evidence is witness statements, expert statements, letters, instructions and defendant statements. From the results of the trial evidence and the results of the judge's considerations the defendant was declared guilty of committing the crime of sexual intercourse with a minor as regulated in Article 81 paragraph 1 of Law of the Republic of Indonesia Number 17 of 2016 concerning the Determination of Government Regulations in Lieu of Law Number 1 of 2016 concerning the Second Amendment Based on Law Number 23 of 2002 concerning Child Protection Becoming Law. To the problems contained in this research, the researcher took two approaches, namely through a normative juridical approach and an empirical approach. The results of this research are that the legal power of de auditu witnesses in the case of sexual relations with underage female students in Decision Number 284/Pid.Sus/2022/PN.Sdn has legal force after the Constitutional Court Decision Number 65/PUU-VIII/2010, the limitations of the provisions witnesses and witness statements, which in the Criminal Procedure Code are expanded to mean witness statements, do not only mean seeing, hearing and experiencing a criminal incident. The legal protection of de auditu witnesses in cases of sexual intercourse with underage female students has been regulated in Articles 8 to 10 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims.