Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 22 No. 3 (2023): Pena Justisia

Circumstantial Evidence in Criminal Proof: Is It Reliable?

Arifuddin Arifuddin (Universitas Muhammadiyah Kendari)
Hariman Satria (Universitas Muhammadiyah Kendari)
Faisal Abdaud (Universitas Muhammadiyah Kendari)



Article Info

Publish Date
08 Oct 2024

Abstract

Proof is the backbone of criminal justice. Because any party who lacks evidence will lose in the court decision. In current judicial practice in Indonesia, there is a lot of discussion about indirect evidence. This term originates from the common law criminal law doctrine and is starting to be used by Indonesian academics when explaining criminal cases in court. The results of the study show that normatively, the Criminal Procedure Code does not recognize the distribution of evidence, either direct or indirect. In criminal justice practice, indirect evidence can be seen in its functionalization in two decisions, namely decision Number 498K/PID/2017. Indirect evidence used is in the form of: witness statements, expert statements, letters and instructions. Furthermore, decision Number 1813K/PID.SUS/2016. The indirect evidence used is documentary evidence and statements from several witnesses. In order not to cause errors in practice, direct evidence must be prioritized, not the other way around.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...