WAJIB TAHU ! ! ! KEGUNAAN PEMBUKTIAN 'AQUSATOIR'

Summary

In this video, Nusa Insani discusses the concept of legal proof, focusing on the rules of evidence in criminal and civil trials. He explains the importance of evidence in determining a defendant's fate, detailing the types of verdicts—acquittal, dismissal, or guilty. The video highlights key sources of formal law on evidence, including various legal codes, and explores the roles of prosecutors, defendants, and judges in presenting and evaluating evidence. Ultimately, the goal is to clarify how the process of proving guilt or innocence is structured in the legal system.

Takeaways

• 😀 The law of evidence (Hukum Pembuktian) regulates the use of valid evidence to establish facts in a legal proceeding, ensuring proper procedures are followed.
• 😀 In the accusatory system (accusatoir), the judge evaluates the evidence presented to determine the defendant's fate, which includes deciding between acquittal, discharge, or conviction.
• 😀 Acquittal (Putusan Bebas) occurs when the evidence is insufficient to prove the defendant's guilt beyond a reasonable doubt.
• 😀 Discharge (Putusan Lepas) occurs when the defendant’s actions are proven but do not qualify as a criminal act.
• 😀 Conviction (Putusan Dipidana/Bersalah) is the ruling when the evidence proves the defendant's guilt in accordance with the law.
• 😀 The main sources of formal law for evidence include statutory law (such as the Indonesian Criminal Procedure Code and Civil Code), doctrine (legal scholars’ opinions), and jurisprudence (previous court decisions).
• 😀 In criminal cases, the prosecution presents evidence to prove the defendant’s guilt, while the defense presents evidence to challenge the charges or seek a lighter sentence.
• 😀 According to the principle of 'presumption of innocence,' the defendant is not required to prove their innocence, as outlined in the Indonesian Criminal Procedure Code (Pasal 66).
• 😀 Evidence plays a critical role in convincing the judge of the truth, whether to establish the defendant's guilt, innocence, or a reduced sentence.
• 😀 There are different types of legal evidence: witness testimony, expert opinions, documents, inferences, and confessions, with each having specific roles in proving a case.
• 😀 Legal evidence, as per Indonesian law, must adhere to strict rules and procedures to be deemed valid and reliable in court.

Q & A

What is the main focus of the video in relation to legal proof?

The video focuses on the concept of legal proof, specifically discussing the laws of proof in criminal and civil cases, emphasizing how evidence is presented, evaluated, and how judges decide on the defendant's fate.

What is the definition of 'law of proof' as mentioned in the video?

The law of proof is a set of legal rules that regulate the process of proving facts in court. It involves the use of valid evidence and specific procedures to determine legal facts, including the judge's authority to accept or reject evidence.

How does proof work in the accusatory system?

In the accusatory system, proof plays a critical role in determining the defendant's fate. The judge evaluates the presented evidence, including witness testimonies and other evidence, to decide whether the defendant is guilty or not.

What are the three types of verdicts in criminal cases as explained in the video?

The three types of verdicts in criminal cases are: 1) acquittal (the defendant is found not guilty), 2) release (the act is proven but does not constitute a criminal act), and 3) conviction (the defendant is found guilty and sentenced).

What is the basis for the acquittal verdict?

The acquittal verdict occurs when the evidence presented in court is insufficient to prove the defendant's guilt. This is based on Article 191 of the Criminal Procedure Code, which states that a defendant cannot be declared guilty if the evidence does not convincingly prove the charges.

What happens if the defendant's actions are proven but do not constitute a crime?

If the defendant's actions are proven but are not classified as a criminal act, the defendant is acquitted from all legal charges. This is based on Article 191, paragraph 2 of the Criminal Procedure Code.

What is required for a defendant to be convicted?

For a defendant to be convicted, the evidence presented must legally support the criminal charges, fulfilling all elements required by the applicable law. This leads to a guilty verdict, as explained in Article 193 of the Criminal Procedure Code.

What are the main legal sources for proving evidence in Indonesian law?

The main legal sources for proving evidence in Indonesian law include the Criminal Procedure Code (KUHAP), the Civil Code (BW), and specific regulations related to administrative law, as well as legal doctrines and jurisprudence.

Who is authorized to present evidence in a criminal trial?

In a criminal trial, both the public prosecutor and the defendant (or their legal representative) are authorized to present evidence. The prosecutor submits evidence to prove the defendant's guilt, while the defendant presents evidence to support their innocence or reduce the severity of the charges.

What is the significance of the 'presumption of innocence' in relation to evidence?

The presumption of innocence means that the defendant is not required to prove their innocence. It is up to the prosecution to present sufficient evidence to prove guilt. This principle is enshrined in the Indonesian Criminal Procedure Code under Article 66.