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Bambang Santoso, S.H., M.Hum

Procedural Law Department Faculty of Law Sebelas Maret University

Author-ID : 3491547

Humanities Law, Crime, Criminology & Criminal Justice

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Pembuktian Keterangan Saksi Anak Tanpa Sumpah Menurut KUHAP Dipta Yoga Pramudita; Bambang Santoso, S.H., M.Hum
Verstek Vol 5, No 3 (2017)
Publisher : Sebelas Maret University

The purpose of this study was to determine the child’s evidence witness statements without oath under Article 171 and Article 184 Criminal Procedural Code in proving the case with the threat of force children copulating in Karanganyar District Court. This legal writing including normative law research, using primary and secondary data sources, primary legal materials in the form of Karanganyar District Court's Decision Number 132 / PID.SUS / 2014 / PN.Krg. Source of data used is the Criminal Procedural Code, Act number 23 of 2002 on Child Protection, and other library materials. Data collection techniques used is through secondary data collection, carried out literature studies to collect and collate data related to the problems examined. The data have been obtained after passing the data processing mechanism is then determined the type of analysis, so that the data collected more accountable. Information submitted by the child victims can have the strength of evidence. The victim witness submit the information without an oath in court, under Article 171 and Article 184 Criminal Procedural Code which explains that a child under age may testify without oath, then the information conveyed was appropriate with the Criminal Procedural Code. Keywords: Witness testimony, Child Witness, Without Oath

Pembuktian Berdasarkan Keterangan Ahli dan Visum Et Repertum pada Perkara Aborsi Menurut Undang-Undang Kesehatan Wischa Intansari; Bambang Santoso, S.H., M.Hum
Verstek Vol 7, No 1 (2019): APRIL
Publisher : Sebelas Maret University

This study aims to determine the suitability of the prosecution to prove the charges based on the testimony of experts and a post mortem cases of abortion with the provisions of article 184 of the Criminal Procedure Code in conjunction with Article 189 paragraph (2) f of Health Law and the suitability of the legal reasoning of judges deciding cases abortion declare the defendant guilty and convict with article 183 in conjunction with article 193 paragraph (1) criminal Procedure Code. The research method used is doctrinal legal research. Source materials used law is the primary legal materials and secondary law, with legal materials analysis techniques using syllogistic method and interpretation by using a pattern of deductive reasoning. In this study, it has been known that prosecution proving in a criminal act of abortion based on the testimony of experts and a post mortem on the condition of the accused and the dead fetus victims where the inspection results made by the competent authority on the basis of his knowledge and signed under oath, so that it becomes an authentic Act automatically become legitimate instrument of evidence and have value of proof strength however must be associated with the other evidence in order to created a truth materially in accordance with Article 133 and Article 184 paragraph (1) letter c of the Criminal Procedure Code and the judge in imposing a decision has been Obtain confdence based on at least two valid evidences, namely expert information, letters and statements of the accused.Keywords: Proof, Expert Description, Judge Consideration

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