KETERANGAN TERDAKWA SEBAGAI ALAT BUKTI TERAKHIR DALAM BERACARA PIDANA || INSAN PIJAR

Summary

This video explains the role of the defendant's testimony ('keterangan terdakwa') in the criminal justice process, focusing on its significance as evidence. It clarifies the distinction between 'pengakuan' (confession) and 'keterangan' (testimony), highlighting that while confessions can be decisive in civil or administrative law, criminal law requires corroboration from other evidence. The speaker also discusses how 'keterangan terdakwa' fits into the broader legal framework, particularly in Indonesian law, where the aim is to uncover the formal truth while maintaining fairness in the trial process. The video emphasizes the importance of supporting a defendant's testimony with other factual evidence.

Takeaways

• 😀 The importance of *keterangan terdakwa* (defendant's testimony) in criminal law is emphasized, particularly in how it fits into the hierarchy of evidence.
• 😀 *Keterangan terdakwa* can include both confessions and denials, and is considered one of the last pieces of evidence used in criminal trials.
• 😀 A confession (*pengakuan*) is an explicit admission of guilt, whereas *keterangan terdakwa* may include both admissions and partial denials of the crime.
• 😀 In criminal cases, *keterangan terdakwa* is not enough on its own to prove guilt. It must be supported by additional valid evidence, such as physical evidence or witness testimony.
• 😀 In criminal law, the goal is to discover *kebenaran material* (material truth), which is concerned with what actually happened in the case.
• 😀 In civil and administrative (TUN) cases, the focus is on *kebenaran formal* (formal truth), which is more concerned with procedural correctness rather than the material truth of the event.
• 😀 The concept of *kebenaran formal* in civil law cases allows a confession or statement by one party to directly influence the outcome of the case, unlike in criminal law.
• 😀 In criminal law, a defendant’s confession cannot automatically determine guilt unless supported by other forms of evidence, highlighting the principle of evidence-based guilt in the justice system.
• 😀 *Pengakuan* (confession) plays a central role in criminal law but must be corroborated by other evidence. This is different from its application in civil or administrative cases, where procedural truth is more relevant.
• 😀 The speaker concludes with an invitation for feedback, emphasizing that any questions or criticisms should be expressed respectfully and thoughtfully, reinforcing the importance of clear legal communication.

Q & A

What is 'Keterangan Terdakwa' and why is it important in criminal law?

'Keterangan Terdakwa' refers to the defendant's testimony during a trial about their actions or knowledge regarding the case. It plays a crucial role in criminal proceedings as it is one of the key pieces of evidence, though it must be supported by other evidence to be considered conclusive.

What is the difference between 'Keterangan Terdakwa' (defendant's testimony) and 'Pengakuan' (confession)?

'Keterangan Terdakwa' is the statement made by the defendant in court, which may include both admissions and denials. 'Pengakuan,' on the other hand, is a full confession of guilt. A confession is an admission of the crime, while the testimony can involve explanations, denials, or partial admissions.

Can a defendant's confession alone be enough to convict them in criminal law?

No, a defendant's confession cannot stand alone to convict them in criminal law. According to the Indonesian Criminal Procedure Code (KUHAP), a confession must be supported by other valid evidence, such as witness testimony, expert opinions, or physical evidence, to establish guilt.

Why is the defendant's testimony presented last in criminal court proceedings?

The defendant's testimony is presented last to avoid any undue influence or pressure from earlier evidence. By waiting until after all other evidence has been presented, the court ensures that the defendant’s statement is made freely and without external interference, contributing to the credibility of their testimony.

How does the Indonesian criminal justice system treat the defendant’s testimony compared to civil law proceedings?

In criminal law, the defendant's testimony must be corroborated by other evidence, and it is not automatically accepted as proof of guilt. In contrast, civil law can sometimes treat a confession or statement as enough to prove liability, as the focus is on 'formal truth' rather than the material facts.

What does 'Kebenaran Formal' mean in the context of legal proceedings?

'Kebenaran Formal' refers to the 'formal truth' that is based on legal procedures and rules, including how evidence is presented and evaluated. In civil proceedings, the focus is on achieving formal truth through the application of established rules, while in criminal law, the material truth must be supported by solid evidence.

How does 'Keterangan Terdakwa' contribute to uncovering the material truth in criminal law?

'Keterangan Terdakwa' is a valuable piece of evidence in uncovering the material truth of a case, but it is not sufficient on its own. It must be corroborated by other pieces of evidence, such as physical evidence, witness testimonies, and expert analysis, to ensure that the truth of the defendant’s actions is fully established.

What is the legal significance of having 'Keterangan Terdakwa' presented during the trial?

The legal significance of presenting 'Keterangan Terdakwa' during the trial is that it provides the defendant the opportunity to explain their side of the story, clarify their actions, and respond to accusations. This is important for ensuring a fair trial and preventing wrongful conviction based on incomplete evidence.

How does the Indonesian criminal procedure handle cases where the defendant denies guilt?

In cases where the defendant denies guilt, their testimony ('Keterangan Terdakwa') serves as a defense, but it does not automatically exonerate them. The court must evaluate the denial alongside other evidence to determine whether the denial is credible or whether the defendant is, in fact, guilty.

Can 'Keterangan Terdakwa' be used as evidence in civil court cases?

No, 'Keterangan Terdakwa' is specifically used in criminal court cases. In civil cases, the rules around evidence and the evaluation of testimony are different, and confessions or statements made by the parties involved may be treated differently depending on the type of civil dispute.