Petitum Law Journal
Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026

MEKANISME PEMISAHAN PERKARA (SPLITSING) OLEH JAKSA PENUNTUT UMUM DALAM PROSES PEMBUKTIAN OLEH SAKSI MAHKOTA

Lobo, Martina Nencylia Riwu (Unknown)
Asa, Simplexius (Unknown)
Resopijani, A (Unknown)



Article Info

Publish Date
01 May 2026

Abstract

This research examines the mechanism of case splitting (splitsing) by the Public Prosecutor and the use of the crown witness (kroon getuige) in the Indonesian criminal justice system. Splitsing is the prosecutor's authority under Article 142 of the Criminal Procedure Code (Code of Criminal Procedure) to split a single case file with multiple suspects into separate prosecutions. This practice is commonly applied in cases of criminal participation (deelneming) or when there is a lack of evidence, particularly witnesses, to facilitate the evidentiary process. The main consequence of splitsing is the emergence of a crown witness, where one defendant is made a witness to provide testimony against another defendant. This term is not explicitly regulated in the Code of Criminal Procedure, but its existence is recognized in judicial practice and supported by Supreme Court jurisprudence. Although considered effective, the use of a crown witness is highly controversial as it is deemed to conflict with human rights and fundamental legal principles. This includes violations of the right against self-incrimination and the principle of a speedy, simple, and low-cost trial. Juridically, a crown witness's testimony can be considered valid evidence if delivered under oath in court. However, its evidentiary strength is discretionary and depends entirely on the judge's assessment and conviction, and it must be supported by other valid evidence.

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Journal Info

Abbrev

plj

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Petitum Law Journal (PELANA) is an open access and peer-reviewed journal that aims to offer an international academic platform for legal research. These may include but are not limited to various fields such as: Civil Law; Criminal Law; Constitutional and Administrative Law; Procedural Law; ...