Belajar Pembuktian dalam Hukum Acara Pidana bersama Prof Eddy

Summary

This lecture provides a comprehensive overview of the concept of evidence and proof in Indonesian criminal law (KUHAP). It covers the definitions of evidence, proving, and the process of proof, as well as the various theories of proof judges rely on. The lecture also explores the types of evidence, including witness testimony, expert opinion, documents, physical evidence, and circumstantial evidence. Key concepts like the burden of proof, minimum evidence requirements, and the role of the judge in evaluating evidence are discussed. This session serves as a foundational guide to understanding legal proof and procedures in criminal cases.

Takeaways

• 😀 **Understanding Key Legal Terms:** The script explains important legal concepts such as evidence, proving, and the process of proof (pembuktian) in criminal law.
• 😀 **Evidence vs. Proof:** Evidence refers to the information that supports the truth of an event, while proof is the process of establishing the truth in court.
• 😀 **Four Theories of Proof:** The script outlines four main theories of proof: conviction intime, professional rationality, negative welek gowes, and positive welek gowes.
• 😀 **Absolute vs. Conventional Proof:** Absolute proof is used in civil cases, while conventional (relative) proof is more commonly applied in criminal cases, based on the judge's conviction.
• 😀 **Legal Proof:** The script highlights the importance of adhering to legal procedures and parameters to establish valid proof in court.
• 😀 **Types of Evidence:** The four main types of evidence discussed are witness testimony, expert testimony, documents, and physical evidence.
• 😀 **Witness Testimony Requirements:** Witnesses must testify under oath, based on their direct knowledge of the event, and meet specific criteria to be considered valid evidence.
• 😀 **Importance of Documents in Court:** Documents must be original and authentic, and their content must be verified to be legally admissible as evidence.
• 😀 **Physical Evidence:** Tangible items are considered physical evidence and play a significant role in proving facts in court.
• 😀 **Burden of Proof:** In criminal cases, the burden of proof lies with the prosecution, who must prove the defendant’s guilt beyond a reasonable doubt.

Q & A

What is the difference between 'evidence', 'proving', and 'proof' in legal terms?

In legal terms, 'evidence' refers to information that clarifies the truth of an event, 'proving' is the act of presenting evidence to establish that truth, and 'proof' is the outcome of proving, or the conclusion drawn after considering the evidence.

What are the four theories of proof in the context of criminal law?

The four theories of proof in criminal law are: (1) **Conviction intime**, where the judge decides based on personal conviction; (2) **Professionalism**, where the judge decides based on rationality; (3) **Negative theory**, which requires at least two pieces of evidence along with personal conviction; and (4) **Positive theory**, where the decision is solely based on physical evidence.

What is the importance of proof in the legal process?

Proof is crucial because it helps uncover the truth of an event. It ensures that a decision is made based on facts and legal principles, either through absolute, conventional, or juridical proof, depending on the type of case (civil or criminal).

What are the four types of evidence recognized universally in legal systems?

The four universally recognized types of evidence are: (1) **Witness testimony**, (2) **Expert testimony**, (3) **Documents or written records**, and (4) **Physical evidence**.

How does Article 184 of the Indonesian Criminal Procedure Code (KUHAP) define legal evidence?

Article 184 of KUHAP defines five types of legal evidence: (1) **Witness testimony**, (2) **Expert testimony**, (3) **Documents**, (4) **Inferences**, and (5) **Defendant's testimony**.

What is the role of the judge in evaluating evidence in a criminal case?

The judge has the authority to determine whether the evidence presented is valid or invalid. The judge must assess the weight and relevance of the evidence to reach a fair decision in the case.

What is meant by 'minimum evidence' in the context of criminal law?

Minimum evidence refers to the least amount of evidence required to proceed with a criminal case. According to Article 184 of KUHAP, two pieces of evidence are needed to establish a case, such as witness testimony combined with a document or expert testimony.

What is the burden of proof in a criminal trial?

The burden of proof lies with the prosecution, as per the principle of *Actor Reus Probandi*, meaning the party making the accusation is responsible for proving the allegations. The defendant has the right to present evidence to challenge or reduce charges.

What is 'exculpatory evidence' in a criminal trial?

'Exculpatory evidence' refers to evidence presented by the defendant to prove their innocence or reduce the severity of the charges against them. It can be introduced at any point during the trial.

How does 'affirmative defense' work in a criminal case?

An affirmative defense allows the defendant to present new evidence or arguments that could reduce their liability or prove their innocence. This evidence could be introduced during the trial to negate or diminish the charges.