Ahli Hukum Pidana Jelaskan Tentang Jenis Saksi Berdasarkan Kualitas | Breaking News tvOne

Summary

The transcript revolves around a legal discussion where a judge is questioned about the role of a prosecutor appointed by the Supreme Court in conducting trials and the categorization of evidence. The conversation delves into the qualifications of witnesses, including the distinction between 'saksi fakta' and 'saksi adu', and the legal implications of evidence such as police reports and forensic expert testimonies. The dialogue also touches on the process of arrest and detention, the criteria for a lawful arrest under the KUHAP, and the application of 'asas resudikata' in legal decisions.

Takeaways

• 👨‍⚖️ The discussion revolves around the roles and responsibilities of a judge, specifically one appointed by the Supreme Court to conduct trials and make decisions.
• 📜 The script mentions various types of court decisions, including those from district courts, appeals, and cassation.
• 🔍 The conversation delves into the classification of evidence, such as alibis and witness testimonies, and their admissibility in court.
• 👥 It addresses the qualifications of a witness, including being of sound mind, having direct knowledge of the incident, and not being a relative by blood to a certain degree.
• 👁‍🗨 The script discusses the concept of 'saksi auditu', a type of witness who hears about an incident secondhand and whose testimony is not accepted in court.
• 🤝 The role of a notary is highlighted, especially in the context of witnessing certain legal actions, such as the act of pressing charges against an adulterous spouse.
• 👑 The term 'saksi mahkota' is introduced, referring to a witness who is also a perpetrator and is used when no other witnesses are available.
• 📝 The script touches on the sufficiency of initial evidence, as defined by Article 184 of the KUHAP and a Supreme Court decision numbered 121.
• 📑 It mentions various types of documents that can be considered as initial evidence, including police reports and forensic expert testimonies.
• 📋 The discussion includes the examination of the PR peradilan, which is about the legality of arrest and detention, and whether it is examined for errors or its validity.
• 🏥 The script also covers the process of arrest as outlined in the KUHAP, emphasizing the need for a formal summons before arrest, except in cases of flagrant crimes.

Q & A

What is the role of a judge appointed by the Supreme Court?

A judge appointed by the Supreme Court is responsible for conducting trials and making decisions, such as those related to district court rulings, appeals, and cassations.

What are the categories of evidence included in court decisions?

Court decisions can include various types of evidence, such as documents, witness testimonies, and other forms of proof that are legally admissible in court.

What are the requirements to be considered a witness under Article 168?

A witness under Article 168 must be of legal age, mentally sound, and have direct knowledge or observation of the incident in question. They must be appointed by the prosecutor and have seen the event firsthand.

What is the difference between a 'saksi audi' and a 'saksi fakta'?

A 'saksi audi' is a witness who has heard about the incident but did not see it happen, while a 'saksi fakta' is a witness who has directly observed the facts of the case.

How does the presence of a notary affect the validity of a document in court?

A document accompanied by a notary is generally considered more reliable and is often accepted as valid evidence in court proceedings.

What is a 'saksi mahkota' and how does it relate to the case?

A 'saksi mahkota' is a witness who is also a perpetrator on the other side. They become the crown witness when there are no other witnesses available, and are collected by the investigator.

What are the two types of sufficient initial evidence mentioned in Article 184?

According to Article 184, sufficient initial evidence can include a written report or a police report, which can serve as the basis for a prosecutor to uncover a criminal act.

How does the 'asas resyudikata' principle apply to evidence in court decisions?

The 'asas resyudikata' principle suggests that evidence found by investigators and included in a court decision should be considered in subsequent legal proceedings, provided it is relevant to the case at hand.

What are the steps that must be taken before a suspect can be legally apprehended according to Indonesian law?

Before a suspect can be legally apprehended, they must be summoned at least twice, and if they fail to appear, the investigator can obtain a warrant for their arrest.

Can evidence from one case be used in another case that is not yet under investigation?

Evidence from one case cannot be used in another case that is not yet under investigation unless there is a clear connection and it is relevant to the new case.

What is the legal basis for the arrest of a suspect in Indonesia?

The legal basis for the arrest of a suspect in Indonesia is outlined in Articles 17 to 19 of the KUHAP, which provide the procedural guidelines for investigators to follow when apprehending a person who becomes a suspect.