ANALISIS PENERAPAN SISTEM PEMBUKTIAN NEGATIF DALAM KASUS PEMBUNUHAN UNTUK MENGUNGKAP KEBENARAN MATERIIL: STUDI PUTUSAN No. 1055 K/Pid/2014

Authors

  • Ramdhan Mahardika Nasyith Universitas Pelita Harapan, Indonesia
  • Russel Dante Wiranatakusumah Universitas Pelita Harapan, Indonesia
  • Telly Augustine Universitas Pelita Harapan, Indonesia
  • Triswer Universitas Pelita Harapan, Indonesia

Keywords:

negative evidentiary system; murder; material truth; criminal justice

Abstract

This study aims to analyze the application of the negative evidentiary system in murder cases as a means of uncovering material truth, based on Supreme Court Decision Number 1055 K/Pid/2014. The negative evidentiary system demands a balance between the existence of valid evidence and the judge's rational conviction. This study uses a normative legal method with a case-by-case and statutory approach, through an analysis of court decisions, legal regulations, and relevant literature. The results indicate that the application of the negative evidentiary system in this case has not been effective due to weak evidence and inconsistent witness testimony. The Supreme Court assessed that the relationship between the evidence and the judge's conviction was not strong enough to conclusively prove the defendant's involvement. The main obstacles identified include limited scientific evidence, lack of coordination between investigators and prosecutors, and low utilization of forensic analysis. The study's conclusion confirms that the effectiveness of the negative evidentiary system in uncovering material truth depends heavily on the quality of comprehensive evidence and the professionalism of law enforcement officials in managing evidence and witnesses.

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Published

2025-11-24