Article Per Year (5 Year)
p-Index From 2020 - 2025
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All Journal International Journal of Sociology and Law
Moh. Eka Valen Arman
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Law, Crime, Criminology & Criminal Justice

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Juridical Analysis of Witness Testimony De Auditu in the Case of Sexual Abuse of Minors Moh. Eka Valen Arman; Yusrianto Kadir; Roy Marthen Moonti; Muslim A. Kasim
International Journal of Sociology and Law Vol. 2 No. 1 (2025): International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i1.311

Abstract

This study aims to juridically analyse the use of testimonial witness testimony de auditu in cases of sexual abuse of minors with a case study of case number 26/Pid. Sus/2024/PN Lbo. In the context of criminal law, testimonial witness testimony de auditu refers to a statement submitted by a witness regarding what he heard from another party, which cannot be used as direct valid evidence, but can provide relevant clues. This research examines the admissibility and influence of such testimony on evidence in cases of child sexual abuse, as well as its relevance in the Indonesian criminal justice system. The method used is Empirical approach by analysing legal practices, as well as related court decisions. The results showed that de auditu testimony has limitations in terms of evidentiary power, its use in cases of child sexual abuse, de auditu witness testimony should be accepted, but must be supplemented with additional evidence such as medical examinations, digital evidence, or witnesses who can confirm the event. Judges should prioritise the principles of caution, objectivity and fairness in evaluating such testimony, to ensure that the decision made is not only fair to the victim but also to the defendant.
Co-Authors Muslim A. Kasim Roy Marthen Moonti Yusrianto Kadir