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Journal articles on the topic 'Witness Statement'
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1
Mukhali, Mukhali, and Aji Sudarmaji. "The Power of Evidence of Witness Testimony in the Trial Process of Criminal Molestery Cases." Jurnal Hukum Khaira Ummah 19, no. 4 (2025): 227. https://doi.org/10.30659/jhku.v19i4.19539.
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The purpose of this research is to determine the strength of the evidence of witness testimony in the trial of a criminal act of indecency. To determine the strength of providing legal protection for witnesses in the trial of a criminal act of indecency. The method used by the researcher is normative legal approach & the specifications in this study include descriptive analysis. The sources and types of secondary data were obtained from literature studies. Based on the results of the study, the evidentiary power of witness statements in a trial of a criminal act of indecency depends on several factors, including: conformity with other evidence: The witness's statement must be consistent with other valid evidence. Conformity with the statements of other witnesses: The witness's statement must be consistent with the statements of other witnesses. The witness's reasons for giving a statement: The judge considers the witness's reasons for giving a particular statement. The witness's lifestyle and morality: The judge considers the witness's lifestyle and morality. The witness's obligation to take an oath: The witness is required to take an oath or promise before giving a statement in court. The Power to Provide Legal Protection for Witnesses in Trials of Criminal Acts of Indecency has not been implemented optimally, this is because there are still children's rights that have not been obtained by children who are victims of criminal acts of indecency, namely the right to receive rehabilitation, rehabilitation both psychologically, physically and spiritually, even though this is regulated in the provisions of the Child Criminal Justice System Law, namely in Article 90 paragraph (1) which states that in addition to the rights that have been regulated in the provisions of laws and regulations as referred to in Article 89, Child Victims and Child Witnesses have the right to medical rehabilitation and social rehabilitation efforts, both within and outside the institution. However, this right is not obtained by child victims of criminal acts of indecency.
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YAMIN, BAHRI, TIN YULIANI, M. TAUFIK RACHMAN, and IMAWANTO IMAWANTO. "ANALISIS HUKUM KETERANGAN SAKSI DIATAS SUMPAH DI PERSIDANGAN PENGADILAN DILAPORKAN DI INSTITUSI KEPOLISIAN." GANEC SWARA 18, no. 4 (2024): 1828. https://doi.org/10.35327/gara.v18i4.1143.
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The background to this research is that the family of the convicted murderer Vina from Cirebon reported two witnesses in the case, A (initials) and D (initials), to Bareskrim. A (initials) and D (initials), were reported on suspicion of providing false information. The report from the family of the person convicted of murdering Vina has been received and registered with number LP/B/227/VII/2024/SPKT/Bareskrim Polri dated 10 July 2024. Apart from that witness "LA" (initials) in the review trial of Saka Tatal (one of the convicts in the Vina Cirebon case) where witness "LA" (initials) has now withdrawn his previous statement that what he said at that time was not true. The legal issue is whether the above witness's statement Can an oath at a court hearing be reported to the Police Institution? The aim to be achieved is to know, understand; whether witness statements under oath at a court hearing can be reported to the Police Institution. This research is a type of Normative legal research. Thus, the approach used to answer the legal issues studied in this research is to use a Statutory Approach. The analysis uses legal interpretation and descriptive analytical methods. After the primary legal materials and secondary legal materials have been collected, they are described systematically and methodically in order to obtain a universal picture of the legal issues raised in this research in order to determine the final conclusion. The results of this research are that witnesses' statements on oath at court hearings cannot be reported to institutions on charges of false statements. Because ex officio (because of their position) the panel of judges handling the case has the authority to determine whether a witness's statement on oath at trial is a false statement or not based on the provisions of Article 174 of the Criminal Procedure Code.
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Nasution, Mayang Sekar Ningrum, Siti Hairani Siregar, and Fatimah Zahara. "Kekuatan Keterangan Saksi Verba Lisan (Saksi Penyidik) Dalam Kitab Undang-Undang Hukum Acara Pidana." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 5, no. 2 (2023): 602–11. http://dx.doi.org/10.47467/as.v5i2.2821.
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 Verbal witnesses are investigators whose participation in court is not mandated by the Criminal Procedure Code, but who are frequently presented in court when the defendant withdraws all or part of the minutes of examination (BAP) filed before investigators at trial. “The goals of this study are to determine the legitimacy of verbal witness statements and their link to” Article 184 of the Criminal Procedure Code concerning legal evidence, as well as to determine how verbal witness statements influence judge choices in Indonesian cases today. This is normative legal research, also known as research on legal systematics. Research on legal systematics is a study of legislation or written law. The goal is to identify the fundamental conditions of rights and responsibilities, legal events, legal connections, and legal objects. The study and discussion results indicate that: first, the statement of an oral verbal witness is valid if given under oath, and the judge's statement from the verbal witness can be used as evidence in court; second, the testimony of verbal verb witnesses is limited to what is recorded by the investigative witnesses during the investigation process, so it becomes the full responsibility of the judge to conclude that the revocation of the warrant is justified.
 Keywords: statement, verbal witnesses, KUHAP
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Kasim, Warsito. "Position of Verbal Witnesses as Evidence in Drug Criminal Cases." Journal of Asian Multicultural Research for Social Sciences Study 5, no. 2 (2024): 41–52. https://doi.org/10.47616/jamrsss.v5i2.527.
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Verbal witnesses are not recognized in the General Criminal Procedure Code (KUHAP), but the use of verbal witnesses is indeed permitted in the context of Indonesian law, as long as it remains within the existing legal corridor. The existence of verbal witnesses in the examination process in court is not absolutely necessary, depending on how the examination process in court is going. If desired or if a defendant retracts what he stated in the BAP, then either the public prosecutor or on the initiative of the judge can submit verbal witnesses or investigator witnesses. In a court examination, the statement of the investigator's witness stated under oath can also be said to be a valid statement. The statement from this verbal witness is not only to refute the defendant's statement, but also one of the elements in which the judge forms a belief in the charges charged against the defendant. So we can often find that the statement of this verbal witness is used in the judge's decision in deciding a criminal case. However, the existence or extent of the evidentiary power of the verbal witness' statement in influencing the judge's belief does not have definite parameters .
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Syahyu, Yulianto. "Dilemmatic of the Proofing Testimonium De Auditu: Indonesian Legal Studies." International Journal of Research and Review 10, no. 12 (2023): 242–51. http://dx.doi.org/10.52403/ijrr.20231228.
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The proof of testmonium de auditu cannot be used in criminal cases but the constitutional court's decision number 65/PUU-VIII/2010 gives the position of witness de auditu which creates a new dilemma in criminal trials. the method used is normative with a legal approach and a conceptual approach. The results showed that testmonium de auditu statement actually did not have the same evidentiary power as a factual witness, but because of the constitutional court decision that acknowledged the evidence of testmonium de auditu witness, the statement could be considered which in this case can be used as evidence in criminal trial accordance with what is in the criminal procedure code. The importance of witnesses does not lie in their own statements, but in the relevance of their statements to criminal cases that are being processed so that judges in assessing a criminal case do not rely solely on belief but must be based on the search for material truth in accordance with legal objectives in KUHAP. Keywords: Evidence, Testimonium De Auditu, Criminal Procedure Code (KUHAP).
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Fazlić, Adnan, and Irma Deljkić. "Lost in Translation: The Risks of Interpreting in Suspect Interrogation and Witness Interviewing Procedures." Kriminalističke teme 24, no. 3-4 (2024): 39–58. https://doi.org/10.51235/kt.2024.24.3-4.39.
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Suspect and witness statements are crucial in criminal cases; thus, particular attention is paid to their reliability and credibility. Statements are usually obtained through suspect interrogation and eyewitness interviewing, involving direct communication between investigators and witnesses or suspects. When the suspect or witness does not speak the language in which the interrogation or interview is conducted, the conversation depends on the interpreter’s engagement. An inaccurate interpretation can increase the risk that the suspect or witness statement may be misunderstood, which directly impacts the reliability and credibility of the evidence obtained. Furthermore, an interpreter can alter conversation dynamics and the relationship between the investigator and suspect or witness. With the growing need for interpreters to engage in the process of obtaining statements from suspects or witnesses, recent research aims to understand the associated risks. This paper reviews key findings from previous research, focusing on the investigative and psychological aspects of questioning suspects and interviewing witnesses through interpreters. The findings were analysed using the Principles of Effective Interviewing ("Méndez Principles"). Additionally, the paper poses questions for future scientific research and presents recommendations for the engagement of interpreters in criminal investigations.
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Mojtahedi, Dara, Maria Ioannou, and Laura Hammond. "Intelligence, Authority and Blame Conformity: Co-witness Influence Is Moderated by the Perceived Competence of the Information Source." Journal of Police and Criminal Psychology 35, no. 4 (2019): 422–31. http://dx.doi.org/10.1007/s11896-019-09361-2.
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AbstractPrevious research suggests that co-witness influence is heavily dependent on how eyewitnesses perceive the source of information, with perceived credibility, authority and memory accuracy identified as significant predictors. However, very little research has directly investigated the effects of perceived intelligence on co-witness influence. The present study used confederates to expose participants (N = 182) to misinformation about a witnessed event, prior to collecting their statements. Participants were paired up with a confederate who was presented as either a PhD student (high intelligence), police officer (high authority), neutral (no information provided) or completed the study individually (control). Results found that participants were significantly more likely to blame the wrong person for the crime if it had been suggested to them by a police officer or PhD student. Implications of the findings suggest that the characteristics and perceptions of co-witnesses can moderate the risks of statement contamination.
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Sulaiman, Priscilla Tazia. "Kewenangan Penyidik Kepolisian untuk Melakukan Penyidikan terhadap Kasus Pidana Keterangan Palsu di Persidangan Pengadilan." Lentera Hukum 5, no. 2 (2018): 194. http://dx.doi.org/10.19184/ejlh.v5i2.6777.
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Article 160, paragraph (4), Act Number 8, Year 1981, Code of Criminal Procedure states that witnesses are obliged to take an oath in accordance with their religion, before providing a statement in courts. It is aimed to prevent witnesses from providing a fake statement, as it is strictly prohibited in Article 174 Code of Criminal Procedure and Article 24, Criminal Code. In practice, it has resulted in contentious views of the application of such articles. In one regard, the procedure settles the problem of fake statements, as it does not require a report or an investigation, but only the ruling of judges. In contrast, another argument states that it does not require the ruling of judges, so that witnesses can be reported to police for investigation. This article revisits the power of police to investigate a fake statement in courts. By using legal research, the results of the study show that Article 242 Criminal Code remains to be applied in cases of fake statements, with the absence of a judge’s ruling. Therefore, police remains to be granted the power to investigate fake statements.
 Keywords: Investigation, Witness, Fake Statement
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Zikalala, Nomsa Ingrid, Jacob Tseko Mofokeng, Moses Morero Motseki, and Enoch Zenzile. "Digital Transformation: Digitising Witness Statements in South African Policing in Alignment with Religious Principles." Khazanah Journal of Religion and Technology 2, no. 1 (2024): 6–17. https://doi.org/10.15575/kjrt.v2i1.646.
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The utilisation of new technologies towards supporting effective and accountable policing is increasingly dependent on e-government development and other technological advancements. England and Wales have long moved from paper witness statements to digitally recorded statements, known as Digital Witness Statements (DWS). DWS refers to the digital capture, representation, and storage of the information needed for its use as an evidential witness statement in courts in England and Wales. This paper presents a prototype system that could be employed in the South African policing context, aligning with religious principles to ensure cultural sensitivity and ethical considerations. The aim of this study was to create awareness that digitisation has been an efficient method of capturing witness statements in the European policing context. Additionally, this study aimed to highlight the status quo of taking indigenous witness statements in South Africa. The objective was to explore the phenomenon of taking indigenous witness statements and to establish the South African Police Service (SAPS) members’ perceptions of the current methods. The study also examined how incorporating religious principles can enhance the acceptance and effectiveness of these digital methods within diverse communities. Thematic content analysis was conducted using Atlas.ti, and measures of trustworthiness were applied. Three dominant themes—“skills,” “resources,” and “duration”—emerged. The Theory of Performance (ToP) was used, and results indicated that SAPS members identified resources as a barrier to their performance. Integrating religious principles into the digitisation process may address some cultural barriers, fostering a more inclusive and respectful approach to modernising witness statement collection.
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Nabila, Alya, Ferryal Basbeth, and Firman Arifandi. "Analisa Kedudukan Pemberian Kesaksian Palsu Terhadap Proses Ilmu Forensik dan Tinjauannya Menurut Hukum Islam." COMSERVA Indonesian Jurnal of Community Services and Development 2, no. 11 (2023): 2429–40. http://dx.doi.org/10.59141/comserva.v2i11.645.
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Forensics means taking something to court. This term is commonly used in medicine. Is a scientific process (based on knowledge) in the analysis, collection and presentation of various evidence in the process related to litigation and collection, physical evidence found at the TKP (Case Incident) and then presented in court. False testimony is a statement given by a witness under oath where the contents of the statement contain a meaning that is not in accordance with the truth, in other words, the statement is a lie or fake. Statements whose content is false do not have to be entirely false, but only partially false. Giving false statements is a crime regulated in the provisions of Article 242 of the KUHP concerning perjury and false statements. The purpose of this research is to identify and analyze the position of false testimony in the process of forensic science. In Islam, giving false testimony enters into the sin of associating partners with Allah SWT because of the great harm it causes to society. This study uses a normative juridical method. The search used in this study was Google Scholar, the search application Publish or Perish, and Neliti. From the search results, 995 appropriate journals were obtained and 50 journals were reviewed. This research found that in order to provide a testimony, the witness must provide testimony under oath in accordance with the religion he adheres to, but if the witness continues to give false testimony in court, he is tantamount to breaking his oath and receiving punishment according to Article 242 of the KUHP. Witnesses who give oaths or false statements may have allegations of obstructing the trial process, so this is part of obstruction of justice or an attempt to obstruct the trial and deliberately giving false statements is strictly regulated in Article 242 of the Criminal Code (KUHP)
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D Turnbull, Robert, and Professor Doug Jones AO. "Memorials and Witness Statements: The Need for Reform." Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 88, Issue 3 (2022): 339–55. http://dx.doi.org/10.54648/amdm2022024.
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Witness statements are a core feature of international commercial arbitration. In current practice, they have become a vehicle for the making of legal submissions, quoting from and commenting on documents, and speculating on all manner of things, including third parties’ conduct. In this form, witness statements impede arbitral efficiency, drive up costs and waste time. This article argues that the preparation of witness statements in international commercial arbitration should be reformed. Witness statements should give the tribunal a factual account of what a witness heard, saw or thought at the time of the events the subject of the arbitration. No more, no less. Combined with a memorial approach to the presentation of evidence, a reformed witness statement procedure can assist the arbitral process. Arbitration practitioners can learn from recent reforms to the preparation of witness statements in the English courts, which seek to attain similar objectives. A draft procedural order is appended to this article, to assist arbitrators and counsel to start immediately on the path of making witness statements focus on the real issues in dispute and serve arbitral efficiency.
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Mattison, Michelle, and Penny Cooper. "Witness Statements for Employment Tribunals in England and Wales: What are the ‘Issues’?" International Journal of Evidence & Proof 25, no. 4 (2021): 286–306. http://dx.doi.org/10.1177/13657127211046397.
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In England and Wales, Employment Tribunals (ETs) hear claims from persons who believe that an employer, or potential employer, has treated them unlawfully. Witness statements form part of the evidence considered by ETs, but research is lacking with regard to the methods used to produce ET witness statements. This study presents the findings from 40 semi-structured interviews with ET judges, panel members, employment lawyers (solicitors, barristers, advisers) and litigants. Our data revealed six themes: professional processes, enabling through case management, presentation preferences, challenges for litigants in person, availability and quality of resources, and lack of training. Participants felt that the quality of witness statements varied amongst those prepared by professional advisors and by litigants in person. Our interviews revealed almost no evidence of practitioner training on how best to prepare a witness statement. We make recommendations about guidance and training for those tasked with drafting witness statements.
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Mattison, Michelle, and Penny Cooper. "Witness Statements for Employment Tribunals in England and Wales: What are the ‘Issues’?" International Journal of Evidence & Proof 25, no. 4 (2021): 286–306. http://dx.doi.org/10.1177/13657127211046397.
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In England and Wales, Employment Tribunals (ETs) hear claims from persons who believe that an employer, or potential employer, has treated them unlawfully. Witness statements form part of the evidence considered by ETs, but research is lacking with regard to the methods used to produce ET witness statements. This study presents the findings from 40 semi-structured interviews with ET judges, panel members, employment lawyers (solicitors, barristers, advisers) and litigants. Our data revealed six themes: professional processes, enabling through case management, presentation preferences, challenges for litigants in person, availability and quality of resources, and lack of training. Participants felt that the quality of witness statements varied amongst those prepared by professional advisors and by litigants in person. Our interviews revealed almost no evidence of practitioner training on how best to prepare a witness statement. We make recommendations about guidance and training for those tasked with drafting witness statements.
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Agulegistin, Meta, and Akhmad Khisni. "Comparative Juridical Analysis Of Witness's Position In Notarial Agreement Making Based On Islamic Law And Public Notary Law (UUJN)." Jurnal Akta 5, no. 2 (2018): 345. http://dx.doi.org/10.30659/akta.v5i2.3085.
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The problem of witnesses has been seen as a significant problem. It requires the reinterpretation of text messages that considered a male witness is equal to two women. The issues raised are: How is the position of witness when making notarial agreement in Islamic law, How is the position of witness when making notarial agreement according to UUJN (Public Notary Law), and What is the similarity and difference of witness position in making notarial agreement according to Islamic law and UUJN. The research method used was Juridical Normative with Regulations approach, Conceptual Approach, and case Approach. Research result found that Firstly, the witness is someone who can give a statement or information that he knows about what the actual events. Another meaning is that a witness is a person who is asked to be present to witness a legal event; Secondly, a witness is a person who can give a definite statement because the person knows the actual event, and even the other meaning of the witness is the person who is asked to attend to witness an event. The person who is asked to be a witness is a qualified person and considered to be well-informed of what he or she is witnessing. And Third, the equation has a purpose for justice and truth can be enforced by the presence of witnesses and the difference Act No.40 of 2014 on the position of a notary. It is originated from the rules of legislation and as evidence, as well as the differences in the conditions specified. On the other hand, Islamic law comes all source of regulations are from Al Quran and As-Sunnah.Keywords: Comparison; Position of Witnesses; Notarial Agreement; Islamic Law; Public Notary Law
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SAZZADUL ISLAM RIPON. "THE ROLE OF A WITNESS IN THE JUDICIAL PROCEEDING: AN OVERVIEW UNDER CONVENTIONAL AND ISLAMIC LAW." International Journal of Social, Political and Economic Research 2, no. 1 (2015): 40–55. http://dx.doi.org/10.46291/ijospervol2iss1pp40-55.
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Proper administration of justice ensures the rule of law in the society through the court process involved the vital role of the witness to testify. Therefore, it is necessary to make sure the fairness of the witness free from all sorts of fear and feeling of telling the truth of the case and free from all kinds of biasness as the fruitful conclusion of the case sometimes entirely depends on the witness’s statement. In the article, it is strived for showing and explaining the position of witness in the judicial process, their categories and above all the process they are testified through different processes, stages and examinations with the limitations thereof and the court’s powers and duties to that respect under the conventional and islamic law. It also aims and intends to enumerate the significance of the statement given by the witness which pave the way for ends of justice.
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Rock, Frances. "The genesis of a witness statement." Forensic Linguistics 8, no. 2 (2001): 44–72. http://dx.doi.org/10.1558/sll.2001.8.2.44.
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Rosenow, Edward C. "ACCP Statement on the Expert Witness." Chest 98, no. 4 (1990): 786. http://dx.doi.org/10.1378/chest.98.4.786a.
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Al-Hunaiti, Mamoun. "The Liability of the Witness for His Wrongful Action under the Jordanian Civil Law." Journal of Politics and Law 11, no. 3 (2018): 111. http://dx.doi.org/10.5539/jpl.v11n3p111.
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The civil liability of the witness in the Jordanian civil law arises when the witness commits an unlawful act, results in harm to others. Such damage would not have occurred without the unlawful act of the witness. The unlawful act of the witness arises when he performs a false statement, fails to appear to give his statement, to appear in the Judicial council refuses to answer the questions asked by the Judicial session, or perform his statement despite the existence of a legal matter that forbid him from giving it .
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Hidayat, Riyan, Elwi Danil, and Yoserwan Yoserwan. "The Power of Evidence of Victims in Immoral Criminal Procedure in the West Pasaman Court." International Journal of Multicultural and Multireligious Understanding 8, no. 1 (2021): 61. http://dx.doi.org/10.18415/ijmmu.v8i1.2244.
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Referring to Article 185 paragraph (7) of the Criminal Procedure Code which in essence explains that "the testimony of witnesses who are not sworn eventhough in accordance withone another, does not constitute evidence, but if the statements are in accordance with statements from sworn witnesses, it can be used as additional tools other valid proof. This raises problems in the level of practice when the childis confronted as a victim of an immoral crime, usually there are no witnesses who see and hear the criminal events committed by the perpetrator sofcrime. Instead, there is only child (not yet capable of law) as a witness who experienced the crime. However, the child's information is only used as a guide or only used to streng then the belief of the Judge because the information given by the child is considered not to meet the requirements as a witness information according to the Criminal Procedure Code. In this regard, we can see and analyze the judges' judgmentrelated to the power of proof of children witness from victims within immoral criminalaction in the jurisdiction of West Pasaman District Court. The formulation of the problem in this study is How is the power of witness information by victim's child in the case of immoral crime in the jurisdiction of the West Pasaman District Court ?. This research is a normative juridical research through case approach, law approach and conceptual approach. This research is descriptive. The results showed that The power of proof of witness information by victim'schild in immoral acts has diverse legal force. First, it is based on whether a Victim's Child can be sworn in court, so that the information by victim's childis recognized to have the same legal force as the witness's statement in the event that the victim's child can be sworn in providing information. Second, the information by the victim'schild Streng thens the judge's conviction or atleast provides guide for the judge to support the evidence of alleged criminal acts of immorality. Third, the judge did not judge the information by the victim's child to have the power of proof be cause it was considered to be incompatible and independent.
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Willems, Melanie. "Hearings,Witnesses and Tribunal-Appointed Experts." BCDR International Arbitration Review 5, Issue 1 (2018): 3–34. http://dx.doi.org/10.54648/bcdr2020002.
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Article 22: Hearings and witnesses 22.1 The arbitral tribunal shall give the parties reasonable notice of the date, time and place of any oral hearing. 22.2 At least 15 days before the hearing, each party shall give the arbitral tribunal and the other parties the name and address of any witness it intends to present, the subject of the witness’s testimony and the language in which such witness will give his or her testimony. 22.3 The arbitral tribunal shall determine the manner in which witnesses are examined and who shall be present during witness examination. 22.4 Unless otherwise agreed by the parties or directed by the arbitral tribunal, evidence of witnesses may be presented in the form of written statements signed by them. 22.5 In accordance with a schedule set by the arbitral tribunal, each party shall notify the arbitral tribunal and the other parties of the names of any witnesses who have presented a written witness statement whom it wishes to examine. 22.6 The arbitral tribunal may require any witness to appear at a hearing. If a witness whose appearance has been requested fails to appear without valid excuse as determined by the arbitral tribunal, the arbitral tribunal may disregard any written statement of that witness. 22.7 The arbitral tribunal may direct that witnesses be examined in person or by telephone or video conference. 22.8The arbitral tribunal may direct the order of proof, exclude irrelevant testimony or other evidence, and direct the parties to focus their presentations on issues whose resolution could dispose of all or part of the case. 22.9 Hearings shall not be held in public unless the parties agree otherwise or the governing law provides to the contrary. 22.10 If a party, duly notified in accordance with Article 22.1, fails to appear at a hearing without showing sufficient cause for such failure to the satisfaction of the arbitral tribunal, the arbitral tribunal may proceed with the hearing in the absence of such party. Article 25: Tribunal-appointed experts 25.1 The arbitral tribunal, after consultation with the parties, may appoint one or more independent experts to report to the arbitral tribunal, in writing, on issues designated by the arbitral tribunal and to be communicated to the parties. 25.2 The parties shall provide such expert with any relevant information or produce for inspection any relevant documents or goods that the expert may require. Any dispute between a party and the expert as to the relevance of the requested information or goods shall be referred to the arbitral tribunal for determination. 25.3 Upon receipt of an expert’s report, the arbitral tribunal shall send a copy of the report to all parties and shall give the parties an opportunity to express, in writing, their opinion of the report. A party may examine any document on which the expert has relied in such report. 25.4 At the request of any party, the arbitral tribunal shall give the parties an opportunity to question the expert at a hearing, at which the parties may present expert witnesses to testify on the points at issue, subject to the provisions of Article 22.
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Chairun Nisa Dwi Putri and Benny Sumardiana. "An Analysis of The Probative Value of Police Investigators Testimony in Narcotics Criminal Trials." Journal of Law, Politic and Humanities 5, no. 4 (2025): 2467–81. https://doi.org/10.38035/jlph.v5i4.1529.
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This research aims to analyze the position of the testimony of a police investigator in narcotics criminal prosecutions, as well as finding out how judges assess the objectivity of witness testimony from police investigators. This study uses a normative-empirical approach. Using data obtained from legal regulations, jurisprudence and interviews with judges to provide a more in-depth picture of the position of testimony from police investigators and to see how judges assess testimony from a police investigator in a narcotics crime trial. The results of this study indicate that although witness testimony from a police investigator can be used in a narcotics crime trial, the testimony given by a police investigator as a factual witness has minimal evidentiary value. This is because the interests of the investigator in the case being handled can affect the objectivity of his statement and his statement is free and considered by the judge in accordance with the objectivity and credibility of the witness. The presence of investigators as witnesses in court is generally verbal, especially when the defendant states that the Examination Report (BAP) was made under pressure or coercion. In addition, the testimony of the investigator's witness cannot be the main witness in the trial because the existence of the police investigator's witness does not have a clear legal basis that can regulate the existence of the witness as a legitimate witness. Then, the strength of the testimony from the Polri investigators is weak.
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Zikalala, Nomsa Ingrid, Jacob Mofokeng, Enoch Zenzile, and Moses Morero Motseki. "Overcoming language barriers: An exploration of the police perceptions of the digitisation of witness statements in South Africa." International Journal of Research in Business and Social Science (2147- 4478) 12, no. 4 (2023): 517–29. http://dx.doi.org/10.20525/ijrbs.v12i4.2463.
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The research identified instances were the English version of sworn statements was an inaccurate translation of the indigenous statement provided by a witness or complainant. The inaccurate translation of indigenous witness statements is a global phenomenon that manifests against the backdrop of the fourth industrial revolution (4IR). This study was conducted to explore police experiences of taking indigenous witness statements, and to establish their perceptions of the digitisation of witness statements. Purposive sampling was used for sampling. Interview schedules were administered to eighteen (18) South African Police Service (SAPS) members from nine Community Service Centres (CSC) in Soweto, a township in the Gauteng province. Ethical consideration, measures of trustworthiness and the Theory of Performance (ToP) were applied. The ToP provides that a person’s level of performance is dependent on the interaction of various contextual factors. Thematic content analysis was conducted using Atlas ti resulting in five dominant themes or impact factors namely “skills”, “collaboration”, “resources”, “duration” and “language”. Results showed that a majority of the SAPS members perceived that witness statements should be digitised to address language challenges experienced and improve their level of performance. Furthermore, they perceived the usefulness of technology in modernising outdated resources in the SAPS.
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Latupeirissa, Christi Marvel, Deassy Jacomina Anthoneta Hehanussa, and Julianus Edwin Latupeirissa. "Kajian Yuridis Kesaksian Palsu Dalam Pembuktian Tindak Pidana." SANISA: Jurnal Kreativitas Mahasiswa Hukum 3, no. 2 (2023): 80. https://doi.org/10.47268/sanisa.v3i2.1891.
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Introduction: Evidence is a very decisive factor for judges in making decisions. Witnesses are needed in explaining a case. In giving testimony, witnesses must provide truthful information. In order for witness testimony to be considered valid, it must meet the conditions specified in the Criminal Procedure Code. A statement given under oath where the content contradicts the truth both in a positive sense, namely giving false information (fabricating) or in a negative sense, namely hiding the truth, is also called perjury.Purposes of the Research: to analyze explaining that false testimony is a crime as well as the mechanism for handling or legal remedies against false testimony in proving a crime.Methods of the Research: The type of research used in this study is normative juridical. The sources of legal materials are primary and secondary legal materials. Data collection techniques are carried out through identification of laws and regulations, legal journals, books.Results of the Research: the construction of false testimony in the Criminal Code must fulfill the element of testimony that must be under oath. The statement must be required by law or according to regulations that determine the legal consequences of said statement, the statement must be false (incorrect) and this falsehood is known to the giver of the statement. Second, proving the act of justifying false testimony in criminal procedural law can be carried out if the witness continues to defend his statement until the witness examination is complete, then a criminal act of perjury occurs which is then supported by a decision stating that the defendant has not been legally and convincingly proven and the judge orders the defendant to immediately released from custody so that this will become the subject of a new case that can be reported by the defendant's lawyer or the defendant himself
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Karakoç Göksu, Sıla. "ARBITRATION OF POST-CLOSING M&A DISPUTES AND CONFIDENTIALITY OBLIGATIONS OF TARGET MANAGEMENT AS FACTUAL WITNESSES: SECRETS TO KEEP OR SECRETS TO TELL?" Boğaziçi Law Review 2, no. 2 (2025): 172–96. https://doi.org/10.69800/blr.1596885.
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This article examines senior management’s role in post-closing mergers and acquisitions (“M&A”) arbitrations, where they testify as factual witnesses for the acquirer of the target company and have a standstill confidentiality obligation to the selling shareholders. This article will analyze this phenomenon from the viewpoints of both selling shareholders and the arbitral tribunals. The involvement of the top management of the target in any post-closing M&A disputes would be crucial, given their first-hand knowledge of the transaction. Hence, the selling shareholders may take some ex-ante measures, by concluding a separate confidentiality agreement with these individuals, whose interests have been shifted upon closing and became more aligned with the acquirer. Once any proceeding commences, the selling shareholders may request the exclusion of the witness statement, either relying on the close relationship between the witness and the acquirer or the confidentiality obligation of the witness to the selling shareholders. The arbitral tribunal begins by assessing whether it possesses the authority to exclude the witness based on the individual's prior confidentiality obligations. Following this determination, the arbitral tribunal evaluates whether exclusion is appropriate under the specific circumstances of the case. In reaching its decision, the arbitral tribunal may review the content of the witness's statement. If the evidence is deemed relevant and falls within the scope of the witness's confidentiality obligations, the tribunal must carefully balance the competing interests of the parties involved. To establish a coherent framework and more predictable results for both parties and their counsels, this article suggests recourse to more established rules as in work-product doctrine, under which the tribunal should evaluate in deciding the disclosure of the confidential information by the top management as factual witnesses, whether the acquirer has i) a substantial need for the confidential information to present its case and ii) whether the acquirer lacks any ability to obtain the information by other means without undue hardship.
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Usman, Usman, Abidin Abidin, and Lukman S. Thahir. "Analysis of Judges' Decision on Witness Divorce Evidence in Donggala Religious Court." INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 4, no. 2 (2022): 39–49. http://dx.doi.org/10.24239/ijcils.vol4.iss2.50.
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A judge's decision or commonly called court decision, is a written statement made by a judge as a government official who has been authorized to do so. The statement is made in a court case and it is open to the public after going through procedural law processes, to resolve or end a case to create legal certainty and justice for the disputing parties. This study used a qualitative case study approach. Data was collected through direct observation, in-depth interviews, and written material analysis. The results of this study show that the judges examining, deciding, and resolving divorce cases based on Indonesia marraige laws and regulations. Witness evidence considered by the Panel of Judges is a witness that meets the formal and material requirements. One of the material requirements is that the witness testifies to what he has seen, heard, and experienced, not to hear other people's stories. Civil procedural law witnesses who do not personally witness an event which is the reason for the parties to a lawsuit in court, is called de auditu testimony.
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Brkić, Snežana. "Witness protection." Glasnik Advokatske komore Vojvodine 77, no. 10 (2005): 475–89. http://dx.doi.org/10.5937/gakv0510475b.
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The main idea of this paper is that the witness protection is a subjective public right and is a result of protection of fundamental human rights. It is fundamental, public, individual, positive, directly relative and indirectly absolute right. Right to witness protection shall include the following rights: right to be notified of the right of protection; right to ask for or to waive the right of protection, right to refuse to give any personal data, statement or to answer the questions until the decision on the request for protection is rendered, right to appeal the decision, right to attorney, right of protection.
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Schiff, Stanley. "The Previous Inconsistent Statement of Opponent's Witness." University of Toronto Law Journal 36, no. 4 (1986): 440. http://dx.doi.org/10.2307/825652.
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Zikalala, Nomsa Ingrid, Jacob Tseko Mofokeng, Enoch Zenzile, and Moses Morero Motseki. "Professional Jurisdiction: an Exploration of the Police Experiences in Taking Indigenous Witness Statements." Journal of Current Social and Political Issues 2, no. 2 (2024): 88–101. http://dx.doi.org/10.15575/jcspi.v2i2.825.
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Research shows that the inaccurate translation of indigenous witness statements is a global phenomenon. This study was conducted to gain a better understanding of this phenomenon by exploring the experiences of South African Police Service (SAPS) members in taking indigenous witness statements. Using a qualitative method, interview schedules were administered to eighteen (18) SAPS members from nine Community Service Centres (CSC) in a township in the Gauteng province. Ethical considerations and measures of trustworthiness were applied to the study. Data were analyzed using Atlas.ti. The results showed that a majority of SAPS members reported there were no translators stationed at the designated CSCs, so they collaborated with colleagues to transcribe the indigenous witness statements into English. Five dominant themes emerged from the most regularly repeated responses: "skills," "collaboration," "resources," "duration," and "language." The Theory of Performance (ToP) was used to articulate these themes. Findings indicated that the SAPS members' levels of performance were influenced by their skills, available resources, time, and their collaboration in overcoming language challenges when transcribing indigenous witness statements. The conclusion drawn from this study is that the lack of translators at CSCs impacts the accuracy of indigenous witness statement translations, which is mitigated by the collaboration and skills of SAPS members. This research contributes to understanding the challenges faced in the translation process of indigenous witness statements and highlights the importance of providing adequate resources and training to improve police performance in this context.
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Siti. "Juridical Analysis of Testimonies of Underage Children in Perspective of Criminal Procedures." INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSIS 5, no. 8 (2022): 2268–72. https://doi.org/10.5281/zenodo.7037295.
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This research was conducted to find out how the position of minors as witnesses in criminal procedural law and how the legal protection of minors as witnesses in a criminal act. By using the normative juridical research method, it can be concluded: 1. The position of minors as witnesses according to the criminal procedure law is not a valid evidence, and also does not have the power of proof, but the information can be used to strengthen the judge's belief and can be used as a guide as stated is in the explanation. Therefore, the value of the information given without an oath is in agreement with the others. Not having the power of proof does not mean that it cannot be considered, however, the information can be used in addition to perfecting the strength of proof of valid evidence, for example, it can strengthen the judge's conviction or be used as a guide. Whereas in the criminal justice system, children recognize witnesses as child witnesses who explain that the witness is a child who hears, sees and experiences himself. 2. Legal protection for minors as witnesses of a criminal act is quite good and supports a reshuffle of thought to provide opportunities and confidence for children to be able to testify in court. Protection of child witnesses involves all parties related to child protection regarding the rights of child witnesses which are clearly regulated in Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. Following are the provisions for child protection contained in other statutory provisions, namely Law no. 35 of 2014 concerning Child Protection, Law no. 22 of 2007 concerning the Elimination of Domestic Violence, Law no. 13 of 2006 concerning the Protection of Witnesses and Victims. Institutions related to the protection of child witnesses are carried out by the Witness and Victim Protection Agency and the Child Protection Commission as well as the Special Child Development Institute, the Temporary Child Placement Institution and the Social Welfare Organization.
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CHITTA DEWI, NI MADE YULIA, A. A. Sagung Laksmi Dewi, and Luh Putu Suryani. "Asas Unus Testis Nullus Testis dalam Tindak Pidana Pemerkosaan Anak." Jurnal Konstruksi Hukum 2, no. 1 (2021): 191–95. http://dx.doi.org/10.22225/jkh.2.1.2993.191-195.
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Proving a rape crime against children shall have valid evidences. The proof aims to find the truth material in order to prove whether the perpetrator was guilty or not. Even though in proving a rape crime, the judges considered that there is only one valid testimony from the witness yet the other evidences are not support it, it is clear that it would be considered by the judges which could effected the judge’s decision. There are two issues that will be discussed in this thesis, firstly regarding the unus testis nulus testis principle in rape criminals of children and the proof of rape crime against children by using one witness (unus testis nullus testis). The methods of this research used are normative approach and conceptual approach. The witness’ testimony in the hearing process is the main evidence as the judge’s considerations. In the criminal procedure law, the evidentiary process is required by means of presenting witnesses and by the support of other evidence. Regarding of this rape crime against children, besides using testimony from the witness, it is necessary to support other evidence such as the results of visum et repertum which is useful to prove that a crime has occurred. When there only one valid testimony from the witness, it must be followed by other valid evidence to strengthen the witness’s statement. Therefore, if there is only have one supported witness’s testimony to prove a rape crime against children it could not prove the criminal was occur.
 
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Saragih, Yasmirah Mandasari, and Muhammad Ridwan Lubis. "THE EFFECTIVENESS OF MAHKOTA WITNESSES (KROON GETUIDE) EVIDENCE ON NARCOTICS ABUSE." International Journal of Law Reconstruction 5, no. 1 (2021): 137. http://dx.doi.org/10.26532/ijlr.v5i1.15627.
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The use of Mahkota witnesses in Indonesia is still a matter of debate today, both among practitioners and academics, because there is no legal certainty regarding the use of this Mahkota witness. The research method uses juridical normative, the results obtained state that the effectiveness of the presence of Mahkota witnesses is to complete the minimum requirements for evidence to prove someone guilty. Where in the case of narcotics abuse, the lack of evidence found can facilitate the judicial process, the Mahkota witness is used to complete the truth to be revealed or material truth. The Mahkota witness does not affect the severity or lightness of the crime, but its usefulness is as a matter of convincing about the defendant's guilt or whether or not a narcotics abuse is proven. The testimony of the Mahkota witness has the power of proof if it is declared valid as a witness, there is no objection from the defendant's legal adviser regarding the presence of the Mahkota witness and the statement is stated before the court which has been sworn in beforehand and the information given is in accordance with the testimony given by other witnesses or tools other evidence so as to prove the defendant's guilt.
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Butyrin, A. Yu, and Z. V. Trifonova. "Ensuring the Reliability of Conclusions in the Expert's Statement in the Course of a Forensic Construction Investigation." Theory and Practice of Forensic Science 12, no. 3 (2017): 78–84. http://dx.doi.org/10.30764/1819-2785-2017-12-3-78-84.
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The appointment and production of forensic investigation is one of the most common procedural actions in modern legal proceedings, along with the evaluation of the expert witness statement by the body (person) that ordered the examination. The article deals with a number of problems associated with evaluating of the expert witness statement reflecting the progress and results of a forensic construction investigation. Reliability is the most complex and contradictory criterion in the evaluation of expert testimony. Taking into account the courts' constantly growing need for construction forensics expert services, on the one hand, and insufficient elaboration of this assessment criterion for this kind of expert evidence, on the other hand, the authors explore the subject in depth and present their interpretation of the notion of «reliability», as applied to the evaluation of construction forensics expert statements.
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Bellin, Jeffrey. "The Needless Search for a Founding-Era "Hearsay" Definition." University of Michigan Journal of Law Reform, no. 57.4 (2025): 845. https://doi.org/10.36646/mjlr.57.4.needless.
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Modern Confrontation Clause doctrine permits only unconfronted “out-of-court statements that would have been admissible in a criminal case at the time of the founding.” To operationalize this concept, the Supreme Court identifies “testimonial hearsay” as the Clause’s primary concern. Its opinions regularly dive into the historical record to refine what counts as “testimonial” but ignore that record in defining “hearsay.” This omission cannot last. Cases in the lower courts, and one on the Court’s recent docket, concern testimonial but (arguably) non-hearsay statements. And while confrontation jurisprudence is supposed to be tied to founding-era evidence law, the “hearsay” definition, casually referenced by the Court in its opinions so far, is a modern innovation. In future cases, the Court will have to identify a founding-era hearsay definition or chart an alternate path. Since there was no precise definition of hearsay in 1791, this essay proposes an alternate path: reframing the Clause as prohibiting unconfronted “testimonial statements” (not “testimonial hearsay”). It also suggests that the Court’s insight regarding the unobjectionable nature of non-hearsay can be incorporated into the definition of “testimonial.” The current test for whether a statement is “testimonial” focuses exclusively on the context in which the statement arose. A more robust test would examine both the statement’s context and the subsequent use of that statement at trial. With the proposed addendum, an out-of-court statement would only be “testimonial” if generated in a testimonial context and introduced to prove the declarant’s assertions. This broader inquiry neatly parallels the Sixth Amendment text, identifying circumstances when an out-of-court speaker truly bears witness at trial and thus becomes a “witness against” the accused. And this inquiry eliminates any need to address the often-unanswerable question of whether a statement would have been “hearsay” in 1791.
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Wahab Aznul Hidaya. "The Role of Witness and Victim Protection Agency for Imekko Tribe in Criminal Justice System in Sorong." Law and Justice 8, no. 2 (2023): 176–91. http://dx.doi.org/10.23917/laj.v8i2.2363.
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Keterangan saksi merupakan salah satu alat bukti yang sah dan sangat penting dalam setiap perkara pidana. Pentingnya hal tersebut dapat dilihat dari banyaknya kasus yang tidak dapat diselesaikan karena kurangnya alat bukti, terutama keterangan saksi. Ancaman kekerasan dan intimidasi yang sering diterima oleh saksi dan korban menjadi alasan utama mengapa banyak dari mereka yang tidak mau terlibat langsung dalam memberikan keterangan atas tindak pidana yang terjadi. Penelitian ini menggunakan metode yuridis empiris dengan teknik pengumpulan data melalui wawancara dan studi kepustakaan. Penelitian ini menyimpulkan bahwa implementasi kebijakan perlindungan saksi dan korban diawali dengan pemberlakuan Undang-Undang Nomor 31 Tahun 2014 tentang Perlindungan Saksi dan Korban. Dalam implementasinya, kebijakan perlindungan saksi dan korban di Indonesia didasarkan pada konsep perlindungan hukum terhadap saksi di Amerika Serikat sebagai model acuan. Meskipun telah ada regulasi yang mengatur tata cara pengajuan perlindungan saksi dan korban, namun masih terdapat beberapa kendala dalam perlindungan saksi dan korban. Beberapa kendala tersebut antara lain adalah posisi Lembaga Perlindungan Saksi dan Korban (LPSK) yang masih berpusat di ibu kota, sehingga akses dan pelayanan terhadap saksi dan korban di daerah terkadang kurang maksimal. Translated with DeepL.com (free version)Witness statement is one of the legal evidence and is very important in every criminal case. Its importance can be seen from the number of cases that cannot be resolved due to lack of evidence, especially witness statement. Threats of violence and intimidation that are often received by witnesses and victims are the main reasons why many of them do not want to be directly involved in providing testimony on criminal acts that occur. This research uses empirical juridicial method with data collection techniques through interviews and literature studies. The research concluded that the implementation of witness and victim protection policy begins with the implementation of Law No. 31/2014 on Witness and Victim Protection. In its implementation, witness and victim protection policy in Indonesia is based on the concept of legal protection of witnesses in the United States as a model of reference. Although there are regulations governing the procedures for applying for witness and victim protection, there are still several obstacles to witness and victim protection. Some of these obstacles include the position of the Witness and Victim Protection Agency (LPSK) which is still centered in the capital city, so that access and services for witnesses and victims in the regions are sometimes less than optimal.
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Foureaux Koppensteiner, Martin, Jesse Matheson, and Réka Plugor. "The Impact of Improving Access to Support Services for Victims of Domestic Violence on Demand for Services and Victim Outcomes." American Economic Journal: Economic Policy 16, no. 1 (2024): 292–324. http://dx.doi.org/10.1257/pol.20210131.
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We conducted a randomized controlled trial of an intervention designed to assist victims of domestic violence in accessing nonpolice support services. The intervention led to a 22 percent decrease in the fraction of victims providing a witness statement to police. Witness statements are an important piece of evidence and a key input in the prosecution of perpetrators. Despite this, we do not find a significant change in perpetrator arrests and convictions or in reported future violence. Survey responses provide evidence of an increase in nonpolice service use and a reduction in future victimization risk, but also a potential decrease in short-run well-being. (JEL H75, I31, J12, K14, K42)
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de Miranda, Daniel Chacur. "A Produção da Prova Testemunhal na Arbitragem à Luz da Flexibi lidade e da Previsibilidade na Prática Internacional." Revista Brasileira de Arbitragem 10, Issue 38 (2013): 30–45. http://dx.doi.org/10.54648/rba2013027.
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ABSTRACT: There is a considerable degree of flexibility in the rules governing production of witness evidence in international arbitration. This reflects the paramount importance of party autonomy and the broad powers conferred on arbitrators in the conduct of proceedings. The international practice shows, however, that the procedural steps to be followed are fairly uniform in order to promote efficiency whilst reflecting the perspectives of different legal systems. The presentation of written witness statements in advance of direct and cross-examination at the hearing is an example of a sequence of procedural steps commonly used in arbitration. Several aspects of such procedural steps are still subject to a considerable degree of controversy, particularly as to the functions and limits of cross-examination, the situations in which it is permissible for a witness to amend a written statement, the sequence to be followed in presenting the evidence and the scope and limits on the preparation of witnesses by counsel. This article sets out the relevant concepts and dynamics together with key points in the controversy surrounding these procedural steps. Reference is made, whenever relevant, both to current arbitration practice in Brazil and to the techniques adopted internationally. The author concludes that whilst excessive harmonization of the production of witness evidence might hamper the required flexibility, the procedures to be followed do need to be clearly predictable in order to fulfill the parties' legitimate expectations.
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Veronica, Natasya Vi, Baharudin Baharudin, and Indah Satria. "Criminal Responsibility for Perpetrators of Perjury and Giving False Information (Study Decision Number: 66/Pid.B/2023/PN Kla)." QISTINA: Jurnal Multidisiplin Indonesia 3, no. 1 (2024): 298–308. http://dx.doi.org/10.57235/qistina.v3i1.2132.
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A phenomenon that often occurs in court is that witnesses tend to lie or provide information that is incorrect or does not match the incident. There are also witnesses who give different information during the court hearing from the information given in the witness examination report. This action is called the crime of perjury. The crime of perjury is the crime of providing false information on oath, where the information is not true and contradicts the truth. Perjury is a criminal act of giving false information on oath where the statement is not true and contradicts the truth. It is called perjury because the witness who previously gave a statement at the court hearing was obliged to take an oath/promise according to his religion. The problem in this research is what is the position of false oaths and false statements in the criminal justice process and what is the criminal responsibility of perpetrators of false oaths and giving false statements based on (Study Decision Number 66/Pid.B/2023/PN KLA). The research method used in this research is a normative juridical approach and an empirical approach. This normative juridical approach is implemented by studying legal norms or rules, legal principles in theories/opinions of scholars and applicable laws and regulations. The Empirical Approach is an approach carried out through direct research on research objects by means of observation and interviews. The results of this research explain that the position of the oath is very important when giving testimony, witnesses must provide information that is in accordance with facts and reality, based on actual events. In this case, the witness may not add or subtract from the actual content of the statement. The point is you have to see for yourself, hear for yourself and experience for yourself. Apart from that, the information must not be based on stories, experiences, opinions, conjectures and influences from other people. Apart from that, witnesses must not lie when giving testimony just to gain personal gain. Then the responsibility of the perpetrator of the crime of perjury from the aspect of criminal responsibility has no justification or excuse so that the defendant was sentenced to prison for 2 (two) years and 6 (six) months by the panel of judges based on decision number: 66/Pid.B/2023/PN cl. The author's suggestion is for companies to have an evaluation system for employees. And you must be firm with employees so that no more employees dare to abuse their position. For the police to be more careful in handling a case, it is necessary to first investigate the report received so that similar actions do not occur. It was recommended to the judge to give a longer sentence, because this case was very detrimental to the company and the police, because the police had to investigate a case that did not actually occur.
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Kim Heekyoon. "The Admissibility of the Hearsay Statement of a Witness." Seoul Law Review 20, no. 1 (2012): 345–70. http://dx.doi.org/10.15821/slr.2012.20.1.010.
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Setiawan, Mochamad Arief, and Otto Yudianto. "PEMERIKSAAN SAKSI DALAM PERSIDANGAN TELECONFERENCE PADA MASA PANDEMI COVID – 19." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, no. 2 (2022): 383–96. http://dx.doi.org/10.53363/bureau.v2i2.43.
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The Covid-19 pandemic has made evidence through witness examination evidence encounter changes, which were followed by knowledge from experts in the field of science and technology. The influence of the advancement of today's science and technology into the practice of trial cases in the field of criminal procedural law that affects the proof of evidence by examining witness statements previously in the Criminal Procedure Code was required to be present in the courtroom and then examined and questioned by the judge and must also be sworn in in the room. The trial turns into witnesses who can be sworn in and asked for a statement by the judge via electronic means with the term being a teleconference trial. The practice of this teleconference trial still has to bring judges along with prosecutors and legal counsel to court, but defendants and witnesses are not welcome to come if they encounter obstacles to come and can be sworn in and asked for information via video telephone via cellphone or other electronic devices that can use the internet. The defendant and the witness still have to attend the trial directly, but it can be carried out from home or other supportive places because electronic devices are able to make judges and legal advisors and prosecutors see directly from a distance the witness and defendant through the cellphone screen. To keep up with the times, the government of the judiciary, namely the Supreme Court, issued PERMA No. 4 of 2020 concerning Administration and Trial of Criminal Cases in Courts Electronically as a regulation for holding teleconference trials. This poses a problem when viewed in the Criminal Procedure Code which requires the defendant to be present in the courtroom (Articles 154 and 196). In the criminal trial process is also based on the legal principles “Examinations are carried out directly and orally. The method used in this research is normative research method. Witness testimony delivered by teleconference is not regulated in the Criminal Procedure Code. LPSK regulates through Law 13 of 2006 article 9 emphasizing that there are 3 options for witnesses if they are not required to come in person during the trial. The Supreme Court through its regulations, namely PERMA No. 4 of 2020, explains the sequence and stages of court case affairs which are carried out by utilizing internet facilities starting from the beginning of the process to the procedure for asking witness statements via tele conference to fill legal voids that occur due to forced circumstances (Force Majeur). caused by the covid-19 pandemic
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Wijanoko, Tri Wahyu, and Arsyad Aldyan. "KAJIAN PENGGUNAAN PERLUASAN MAKNA KETERANGAN SAKSI PADA PERKARA PENGUASAAN NARKOTIKA DENGAN TERSANGKA MRP BIN P." Verstek 9, no. 4 (2021): 748. http://dx.doi.org/10.20961/jv.v9i4.72431.
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<em>This research aims to investigate the use of Constitutional Court Decision Number 65/PUU-VIII/2010 as a legal basis for expanding the meaning of witness testimony in order to convict MRP Bin P, and to understand the reasons why expanding the meaning of witness testimony is necessary in this case. The research method used is doctrinal or normative legal research with a case study approach, and primary and secondary legal sources are collected through literature review techniques. The results of the study show that the lack of evidence in this case makes it difficult for investigators to prove the perpetrator's actions, and expanding the meaning of witness testimony is necessary to overcome this problem. Constitutional Court Decision Number 64/PUU-VIII/2010 provides an opportunity for arresting witnesses to prove the perpetrator's actions of possessing narcotics.</em><p><em><strong>Keywords:</strong> <a href="/verstek/article/view/72431">Narcotics; expansion of meaning; witness statement.</a></em></p>
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Dozortseva, E. G., and A. G. Krasavina. "Assessment of juveniles testimonies’ validity." Современная зарубежная психология 4, no. 3 (2015): 47–56. http://dx.doi.org/10.17759/jmfp.2015040306.
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The article presents a review of the English language publications concerning the history and the current state of differential psychological assessment of validity of testimonies produced by child and adolescent victims of crimes. The topicality of the problem in Russia is high due to the tendency of Russian specialists to use methodical means and instruments developed abroad in this sphere for forensic assessments of witness testimony veracity. A system of Statement Validity Analysis (SVA) by means of Criteria-Based Content Analysis (CBCA) and Validity Checklist is described. The results of laboratory and field studies of validity of CBCA criteria on the basis of child and adult witnesses are discussed. The data display a good differentiating capacity of the method, however, a high level of error probability. The researchers recommend implementation of SVA in the criminal investigation process, but not in the forensic assessment. New perspective developments in the field of methods for differentiation of witness statements based on the real experience and fictional are noted. The conclusion is drawn that empirical studies and a special work for adaptation and development of new approaches should precede their implementation into Russian criminal investigation and forensic assessment practice
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Jainah, Zainab Ompu, Zainudin Hasan, and Gusti Wahyu Triyadi. "Tinjauan Yuridis Tindak Pidana Terhadap Terdakwa Memberikan Keterangan Palsu Demi Kepentingan Diri." Justicia Sains: Jurnal Ilmu Hukum 8, no. 1 (2023): 67–77. http://dx.doi.org/10.24967/jcs.v8i1.2326.
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Witness testimony according to Article 1 number 27 of the Criminal Procedure Code is one of the means of evidence in a criminal case which is in the form of information originating from a witness regarding a criminal event which the incident was witnessed, heard by oneself, and experienced by oneself accompanied by mentioning reasons and knowledge. That. A false statement under oath is that a person has sworn before giving a false statement or it can also be interpreted that under oath a person gives a statement first and then it is confirmed by oath. There is a case of perjury and perjury that occurred in the jurisdiction of Pesawaran, Lampung province. A defendant has committed the crime of giving false information for his own sake. Factors causing the defendant to commit the crime of providing false information for his own benefit based on court decision number 20/Pid.B/2023/PN Gdt which provided false information in making a report that the loss of 1 (one) motorbike at the Tegineneng Police was a false report. The Defendant was afraid that he would not be able to continue with the monthly installments because the Defendant's motorcycle was still on leasing credit and the Defendant intended that the police report that the Defendant made could be used as a basis for disbursing insurance.
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Huzaifi, Muchammad. "Kedudukan Keterangan Korban Pada Agenda Pembuktian Yang Tidak Dapat Hadir Dipersidangan." Al-Adl : Jurnal Hukum 15, no. 2 (2023): 436. http://dx.doi.org/10.31602/al-adl.v15i2.10645.
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This study aims to analyze the importance of the position of the victim whose statement will be heard in order to shed light on a crime. The type of research that the writer uses is normative legal research. The type of research in thesis writing is about the blurring of norms contained in Article 160 paragraph (1) letter b. As for this study, researchers used several approaches. statute approach and conceptual approach. The results of this study are that the testimony of the victim given can be of evidentiary value even though it depends on other evidence, which is different from the evidence provided by witnesses who are bound by the principle one witness no witness pursuant to Article 186 paragraph (6) of the Criminal Procedure Code.
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Lee, Chang Won. "Legality of an Witness Investigation and the Evidence Admissibility of Recorded Witness Statement after the Indictment." Journal of Legal Studies 30, no. 3 (2022): 105–26. http://dx.doi.org/10.35223/gnulaw.30.3.5.
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Cartwright-Finch, Ula, and Kimberley A. Wade. "The Science of Witness Memory: Implications for Practice and Procedure in International Arbitration." Journal of International Arbitration 39, Issue 1 (2022): 1–28. http://dx.doi.org/10.54648/joia2022001.
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Witness evidence plays a lead role in international arbitrations, yet the reliability of witness evidence in arbitral contexts has received little attention from legal practitioners. Hundreds of scientific studies have highlighted the fragile nature of witness memory and the ease with which memories can become unwittingly corrupted. In this article, we explain why the psychological research on witness memory is relevant to international arbitration and outline some of the key findings that have important implications for procedure and practice. Alongside the large body of science illustrating the malleability of witness memory, there exists a substantial amount of research outlining how best to preserve or maximize the quantity and quality of witness evidence. Indeed, many simple measures can be adopted by arbitrators and counsel, when eliciting and presenting witness evidence. When educated on the psychological science concerning the factors that can render even the most meticulous and honest witness prone to error, fact-finders will be in a far better position to assess witness evidence in international arbitrations. Witness memory, witness statement, witness evidence, testimony, misinformation, cognitive bias, psychology, probative value, reliability
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Đuričić, Svetlana. "The statement of the expert witness in the criminal procedure." Glasnik Advokatske komore Vojvodine 81, no. 9 (2009): 478–87. http://dx.doi.org/10.5937/gakv0911478d.
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Hutcheson, Graeme D., James S. Baxter, Karen Telfer, and David Warden. "Child witness statement quality: Question type and errors of omission." Law and Human Behavior 19, no. 6 (1995): 631–48. http://dx.doi.org/10.1007/bf01499378.
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Wandari, Vika Ayu. "Keterangan Ahli Warga Negara Asing dalam Peradilan Pidana di Indonesia." Lentera Hukum 5, no. 1 (2018): 89. http://dx.doi.org/10.19184/ejlh.v5i1.6743.
Full textAbstract:
Proof plays an important role in the process of adjudication in the trial process. In the criminal process, proof requires the attendance of an expert, particularly when it deals with an expert from abroad to provide statements in the courts. This paper aims to show the importance of evidences in the Indonesian criminal law procedure in which the statement to be delivered by an expert from abroad. It will discuss the importance of expert’s statement from foreign citizen to help judges in the criminal justice system of Indonesia. To judges, the statement of an expert has a power characterised as free and non-binding evidence by which the judgement fully depends upon judges’ conviction. While a foreign citizen arrives in Indonesia designated as an expert to provide witness in the trial process in which he/she does not hold visa, judges cannot dispute his/her absence of visa , but they are only given a power to consider the statement of such expert. With regard to visa, it is not the responsible of judges or the court, but the Immigration Bureau.
 Keywords: Proof, Evidence, Statement of Expert
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Arif, Rohmat, Fathurrahman Alfa, and Syamsu Madyan. "ANALISIS KEKUATAN ALAT BUKTI SAKSI TESTIMONIUM DE AUDITU DALAM PERKARA PERCERAIAN DI PENGADILAN AGAMA KOTA MALANG." Jurnal Ilmiah Ahwal Syakhshiyyah (JAS) 2, no. 2 (2020): 22. http://dx.doi.org/10.33474/jas.v2i2.8715.
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A witness is a person who has met the formal and material requirements and his testimony is given in court from what he has seen and experienced by himself, but what if the witness does not see it directly but only hears it from someone else ? in the witness's civil law it is called testimonium de auditu. As for the problems of the statement above is as follows : How about the strength of the witness testimonium de auditu in the divorce case at Religious court in Malang city ? and How is the consideration of judges about the witness testimony de auditu at Religious court in Malang city ?. To answer the questions above, the researcher uses a qualitative approach, The data is collected using documentation interview techniques with three judges as informants, and library research about testimonium de auditu. From the results of the research that has been done it can be concluded that according to the judge, the strength of the witness testimony de auditu at the Religious Court in malang city is not recognized as a tool of evidence, but rather in practice The judge has the authority to examine the witness, and it is not wrong for the judge to hear the witness' testimony, The not as direct evidence. But the testimony can beoconstrued asoa tool of proof of hypothesis with objective and rational judgment and it can serve as a basis fot proving something. And the judge’s consideration of the use ofithe witness deiauditu inidivorceicases inireligious courts malang city. that is based on the article 16 (1) UU Number.14 year 1970 junco. UU Number.4 year 2004 about the main points of judicial authority, jurisprudence supreme court 11 november 1959 number. 308 K/SIP/1959. and This includes cese verstek so there is no objection. Keywords: divorce case, witness testimonium de auditu, religious courts
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Kristyanti, Luh Putu. "SAKSI AHLI SEBAGAI ALAT BUKTI DALAM HUKUM ACARA PIDANA INDONESIA." Kertha Semaya : Journal Ilmu Hukum 8, no. 9 (2020): 1423. http://dx.doi.org/10.24843/ks.2020.v08.i09.p12.
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Keterangan ahli/ saksi ahli merupakan salah satu alat bukti dalam hukum acara pidana Indonesia. Perlu ditelusuri lebih mendetail perihal keterangan ahli serta kondisi saat keterangan ahli termasuk alat bukti saksi atau alat bukti surat. Penelitian ini akan difokuskan pada peran saksi ahli dalam proses peradilan di pengadilan dalam memperoleh keadilan materiil. Penelitian ini menggunakan metode normatif dengan analisa kualitatif. Keterangan ahli dalam proses peradilan pidana jika diberikan secara tertulis termasuk pada alat bukti surat, namun ketika diberikan secara lisan di persidangan maka termasuk alat bukti keterangan saksi.
 Expert statement / expert witness is one of the evidence in Indonesian criminal procedure law. It needs to be explored in more detail regarding expert testimony and conditions when expert testimony includes witness evidence or letter evidence. This research will focus on the role of expert witnesses in court proceedings in obtaining material justice. This study uses a normative method with qualitative analysis. Expert testimony in the criminal justice process, if given in writing, includes documentary evidence, but when it is given orally in court, it includes evidence for witness testimony.