Article Per Year (5 Year)
p-Index From 2021 - 2026
0
P-Index
This Author published in this journals
All Journal Lex Renaissance
Dayu Putra
Universitas Islam Indonesia
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Pembuktian Tindak Pidana Zina Berdasarkan Bukti Petunjuk: Analisis Putusan Pengadilan No. 506/Pid.B/2017/PN Smn Dayu Putra
Lex Renaissance Vol 5 No 2 (2020): APRIL 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol5.iss2.art2

Abstract

This study discusses the use of indicative evidence as a basis for proving adultery and what kind of indicative evidence has the justification for proving adultery. The research method used is normative juridical with a case and statutory approach. The results of the study concluded that: First, the use of indicative evidence is very much dominated by the subjectivity of judges. This evidence is used after the judge is absolutely sure that the defendant has committed adultery based on the conformity and logical relationship between each fact and the element of adultery that is to be proven. When using indicative evidence, the judge strongly emphasized the fact that the defendant was together in a closed room within a period of time that allowed for adultery, to be linked to the Supreme Court Decision Number 854K / Pid / 1983, which became the legal source of proof of adultery or sexual intercourse. The use of indicative evidence is always linked to the inability of the defendant to prove his argument; and Second, indicative evidence that has justification must meet the formal and material requirements.
Co-Authors