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Journal articles on the topic 'Witnesses'
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1
Marhumah, Ema. "Kesaksian Perempuan Dalam Hadis Nabi." Musãwa Jurnal Studi Gender dan Islam 8, no. 1 (2009): 53. http://dx.doi.org/10.14421/musawa.2009.81.53-75.
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The provision of women's rights to become witneses promoted by Islam during the life of the Prophet Muhammad was indeed a high achietlement considering the tradition of the era which did not recognize women's rights to become witnesses in legal affairs. The Prophet permitted women to act as witnesess not only on trade, but also in courts for public disputes. This is because the essential thing in the affair of giving witness does not lie in the type of the sex of the witness, but on the capacity, expertise of the witness in performing their task to attain justice. In short there is no preference in the sex of a witness; men and women have rights become witnesses as far as they have intellectual cabability to do so.
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Maras, Katie, Coral Dando, Heather Stephenson, Anna Lambrechts, Sophie Anns, and Sebastian Gaigg. "The Witness-Aimed First Account (WAFA): A new technique for interviewing autistic witnesses and victims." Autism 24, no. 6 (2020): 1449–67. http://dx.doi.org/10.1177/1362361320908986.
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Autistic people experience social communication difficulties alongside specific memory difficulties than impact their ability to recall episodic events. Police interviewing techniques do not take account of these differences, and so are often ineffective. Here we introduce a novel Witness-Aimed First Account interview technique, designed to better support autistic witnesses by diminishing socio-cognitive and executive demands through encouraging participants to generate and direct their own discrete, parameter-bound event topics, before freely recalling information within each parameter-bound topic. Since witnessed events are rarely cohesive stories with a logical chain of events, we also explored witnesses’ recall when the narrative structure of the to-be-remembered event was lost. Thirty-three autistic and 30 typically developing participants were interviewed about their memory for two videos depicting criminal events. Clip segments of one video were ‘scrambled’, disrupting the event’s narrative structure; the other video was watched intact. Although both autistic and typically developing witnesses recalled fewer details with less accuracy from the scrambled video, Witness-Aimed First Account interviews resulted in more detailed and accurate recall from autistic and typically developing witnesses, for both scrambled and unscrambled videos. The Witness-Aimed First Account technique may be a useful tool to improve autistic and typically developing witnesses’ accounts within a legally appropriate, non-leading framework. Lay abstract Autistic people may be more likely to be interviewed by police as a victim/witness, yet they experience social communication difficulties alongside specific memory difficulties that can impact their ability to recall information from memory. Police interviewing techniques do not take account of these differences, and so are often ineffective. We developed a new technique for interviewing autistic witnesses, referred to a Witness-Aimed First Account, which was designed to better support differences in the way that autistic witnesses process information in memory. The Witness-Aimed First Account technique encourages witnesses to first segment the witnessed event into discrete, parameter-bound event topics, which are then displayed on post-it notes while the witness goes onto freely recall as much information as they can from within each parameter-bound topic in turn. Since witnessed events are rarely cohesive stories with a logical chain of events, we also explored autistic and non-autistic witnesses’ recall when the events were witnessed in a random (nonsensical) order. Thirty-three autistic and 30 typically developing participants were interviewed about their memory for two videos depicting criminal events. Clip segments of one video were ‘scrambled’, disrupting the event’s narrative structure; the other video was watched intact. Although both autistic and non-autistic witnesses recalled fewer details with less accuracy from the scrambled video, Witness-Aimed First Account interviews resulted in more detailed and accurate recall from both autistic and non-autistic witnesses, for both scrambled and unscrambled videos. The Witness-Aimed First Account technique may be a useful tool to improve witnesses’ accounts within a legally appropriate, non-leading framework.
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Suhaimi, Suhaimi. "PERLINDUNGAN SAKSI DALAM BEBERAPA TINDAK PIDANA DAN PENGADILAN HAK ASASI MANUSIA." Jurnal Hukum Samudra Keadilan 15, no. 2 (2020): 264–76. http://dx.doi.org/10.33059/jhsk.v15i2.3042.
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Abstract, Article 184 of the Criminal Procedure Code puts witness statements first among other evidence. Witnesses in giving their statements, both at the level of investigation, prosecution and court proceedings, sometimes experience pressure, harassment, threats, terror and even violence perpetrated by certain parties. That is why witnesses need to obtain legal protection, namely as regulated in Law No. 13 of 2006 concerning Protection of Witnesses and Victims as amended by Law No. 31 of 2014 concerning Amendments to Law No. 13 of 2006 concerning Protection of Witnesses and Victims. Several criminal acts that regulate the issue of witness protection include the crime of narcotics, the eradication of corruption, the crime of terrorism and the human rights court. Legal protection for witnesses, namely in the form of protection for the witness's personal security from physical and mental threats, so that the confidentiality and identity of the witnesses should be maintained. Witness protection is intended to be able to protect witnesses from interference, threats, terror and violence against witnesses. This will be the basis for legal certainty, law enforcement, justice and the creation of a feeling of security for witnesses.
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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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Wahid, Abdul, and Abdullah Junaedi. "URGENSI SAKSI VERBALISAN DALAM PERKARA TINDAK PIDANA (STUDI PUTUSAN NOMOR. 329/Pid.B/2020/PN Dgl)." Maleo Law Journal 6, no. 1 (2022): 41–65. http://dx.doi.org/10.56338/mlj.v6i1.2361.
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The problem that will be described in this research is how is the urgency of verbal witness in criminal cases (study of decision number 329/Pid.B/2020/PN Dgl). In obtaining legal materials, this research was carried out by conducting library research with a normative juridical approach by studying the laws and regulations and analyzing the urgency of verbal witnesses in criminal cases. The answer found in the problem is that the role of verbal witnesses in providing information before the trial is only to clarify the minutes of the investigation they have made and refute the testimony of witnesses before the trial basically does not provide evidence strength in the form of witness evidence or the judge's belief in seeking material truth as the basis for judge's considerations. in making a decision. Whereas normatively verbal witnesses are not regulated in the Criminal Procedure Code, but the practice of using verbal witnesses in the process of proving a crime in court is allowed, due to the denial or revocation of testimony by witnesses at trial. Thus, the role of the verbal witness is to test the witness's rebuttal to the truth of the Investigation Report.
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Nur, Dwi Utami Hudaya. "SAKSI KELUARGA DALAM PERKARA PERCERAIAN PADA PENGADILAN AGAMA MAROS." Bilancia: Jurnal Studi Ilmu Syariah dan Hukum 14, no. 1 (2020): 163–78. http://dx.doi.org/10.24239/blc.v14i1.599.
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Everyone is considered capable of being a witness, unless the law dictates otherwise. The prohibition of family witnesses to be presented in divorce trials is a prohibition that is devoted to divorce cases for the sake of avoiding the witness's non-objective attitude in giving testimony. The main research problem was How is the effectiveness of the family witnesses prohibition implemented in divorce cases according to Article 172 clause (1) RBg? This study employed empirical normative legal research methods. The results showed that the implementation of the family witnesses prohibition in divorce cases at the Maros Religious Court was ineffective due to the existence of family witnesses who were still presented by the plaintiff or defendant in court on the grounds of divorce outside syiqaq by considering family closeness to husband and wife which made family witnesses know the household condition.
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Mubarak, Husni, and Sindi Rahmadani. "Dasar Pertimbangan Hakim Terhadap Kesaksian Saksi Istifadah Dalam Perkara Itsbat Nikah." El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law 2, no. 1 (2022): 17–35. http://dx.doi.org/10.22373/hadhanah.v2i1.1581.
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This research is based on a case which registered in Mahkamah Syar’iyah Kualasimpang as case number 10/Pdt.P/2021/MS.Ksg about istbat nikah wherein this case the witnesses who gave their testimonies were istifāḍah witnesses whereas an istifāḍah witness does not meet the criteria as a witness nor meet the matril requirements as regulated in clause 171 verse (1) HIR, clause 308 Rbg and 1907 The Book Of Civil Law all of which say every witness has to give their testimony based on what they saw, heard and experienced in an event while an istifāḍah witness had only heard rumor or story from someone else that an event has occurred. Based on this witnesses’ testimonies, judges authorized istifāḍah witnesses to give their testimonies to be heard in trial. Therefore researcher is interested to study further on howcome judges to consider the authorization of istifāḍah witnesses testimonies in istbat nikah case number 10/Pdt.P/2021/MS.Ksg and how Islamic law views the use of istifāḍah witnesses’ testimonies in an istbat nikah case. The methods used in this research are field study method and library study method with juridical normative approach. The result of the research claims that istifāḍah witnesses’s testimonies can be heard in trial as long as the testimonies given cannot be proved otherwise then the testimonies are true, it means as long the testimonies cannot be denied by another evidence, then two evidences in a form of document and testimony are sufficient, and by considering the matching of the testimonies given by the two witnesses then the testimonies given by istifāḍah witnesses are acceptable as judges’ preasumption, Islamic law views this matter can only be applied in some cases, one of which is istbat nikah case, with this in mind judges grant the pleader I and the pleader II their plead.
8
Buzescu, Gheorghe. "Aspects concerning the hearing of witnesses." Technium Social Sciences Journal 54 (February 9, 2024): 179–203. http://dx.doi.org/10.47577/tssj.v54i1.10617.
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The subject matter of the present study consists of a theoretical and practical account of the modality of hearing the witness in the judicial process, also illustrated by the title of the present study, in this lecture I tried to deal with a series of theoretical and practical issues from the field of criminal procedure, criminalistics and penal, salts have been elaborated by various authors in the specialty polishes. We cannot talk about the key procedures applied to the hearing of witnesses, without knowing the criminal procedural provisions that regulate the given field, and at the same time, without knowing the personality of the witness from a psychological point of view. The conducted study deals with the well-known keys and methods regarding interviewing witnesses. Complete problems are addressed regarding witness depositions with obvious implications both in the criminal investigation phase and in the judicial sequestration phase. The given field has been subjected to numerous trials, taking into account the degree to which the criminalistic key procedures carry it, being a significant one, applied to the hearing of the witness, both from a theoretical point of view and from a practical point of view. The purpose and objectives of this work they consist in studying the mode of hearing the witness with a view to the fair settlement of the case. Achieving this goal requires solving several problems, respectively: Delimitation of the theoretical basis on the psychological process of forming witness statements; Identifying the rights and obligations of the witness; Defining the elements and types of information reception; Trying to remember the facts; Representation of the reproduction of facts; Presentation of preparation for the hearing of witnesses; Determining and clarifying theoretical approaches regarding the hearing of witnesses; Presentation of the means of recording the statements of the witness; The substantiation and highlighting of the general expectations of hearing minor witnesses; Highlighting the peculiarities of the hearing of other groups of witnesses. In the first chapter, I carried out a study on a general representation of the psychological process of training witness statements. Thus, I referred to the rights and obligations of witnesses, I related the elements and types of information reception, and I made an analysis on them. Also, we realized the resume of notions and the importance of the witness's statements, we highlighted the characteristics of the memorization of facts and of the reproduction of facts. In the second chapter, I made a study on the preparation procedures for the hearing of the witnesses and I related the key of the hearing of the witnesses, and in the last paragraph of this chapter I presented the means of recording the statements of the witness. In the third chapter, I performed an analysis of the general expectations of the hearing of minor witnesses and the particularities of the hearing of other categories of witnesses. In the end, I presented the impressions left after the study carried out, presenting at the same time different opinions, presumably also some recommendations regarding the studied field.
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Abel, Zachary, Jeffrey Bosboom, Michael Coulombe, et al. "Who witnesses The Witness? Finding witnesses in The Witness is hard and sometimes impossible." Theoretical Computer Science 839 (November 2020): 41–102. http://dx.doi.org/10.1016/j.tcs.2020.05.031.
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Mubarok, Atus Ludin. "Kedudukan Saksi Non Muslim dalam Perkawinan Menurut Peraturan Perundang-Undangan di Indonesia." Mutawasith: Jurnal Hukum Islam 4, no. 1 (2021): 42–58. http://dx.doi.org/10.47971/mjhi.v4i1.307.
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In the field, it often happens that a Muslim marries a convert to a Muslim woman with a large non-Muslim family status. In marriage, converts submit non-Muslim witnesses. What is the status of their testimony according to the law. The purpose of this study was to determine the position of non-Muslim witnesses to marriage according to the legislation with a qualitative method, a literature study approach. Source of data in the form of legislation related to family law. It is done by deductive-inductive method. From the discussion, it can be concluded that the Indonesian laws and regulations stipulate that marriage witnesses must be Muslim. A non-Muslim is not accepted as a witness to a marriage. In the case of divorce and reconciliation, the witness's special religious requirements are set. There is an opportunity for non-Muslims to be witnesses in ruj'u and divorce cases. Divorce on the grounds of shiqaq must be heard from witnesses who come from the husband and wife's family. That is, Article 76 of Law no. 7/1989 paragraph (1) still applies to family and close people of husband and wife who are non-Muslims and must provide testimony as witnesses.
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Tohirin and Rustam. "Tinjauan Sosiologis Terhadap Permintaan Keterangan Saksi Dalam Penyelesaian Kasus Kecelakaan Lalu Lintas." Journal Law And Justice 1, no. 1 (2023): 18–26. http://dx.doi.org/10.59211/mjpjlj.v1i1.6.
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Abstract: The purpose of this study was to identify and analyze the factors that hampered witnesses' inquiries in solving traffic accident cases carried out by the Pohuwato Police Traffic Police. To find out and analyze the efforts made by Pohuwato Police Traffic Police investigators if the witness was difficult to provide information about traffic accidents. The method used in this research is empirical legal research method. The results of this study were (1) The factors that hampered the witness's request for testimony in the settlement of a traffic accident case carried out by the Traffic Police of Pohuwato Police: The witness did not want to attend, the witness did not want to give information, the witness lived far away, the witness was not completely know what happened. (2) Efforts made by Pohuwato Police Traffic Police investigators if the witness is difficult to provide information about a traffic accident: Making a notification letter or summons, Pohuwato Police Traffic Police members meet themselves and speak directly to the person being summoned, If the witness called is not found wrong one place, then the summons shall be sent through the village head or hamlet head, the witnesses' summons must of course be done with the correct procedure, calling the witnesses by telephone The suggestion in the results of this study is to facilitate the examination of witnesses, the Pohuwato Traffic Police should use available technology such as video calls through applications such as zoom, google meet or applications that support doing it online. The need to maximize the socialization of socialization about safetty riding or road safety to motorists so that traffic accidents can be reduced and public awareness increases.
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Dwipayana Putra, Kadek Angga, and Sagung Putri M. E. Purwani. "The Urgency of Regulating Witness Rights Accompanied by Legal Counsel in Pre-Adjudication Examination as a Form of Human Rights Fulfillment." POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI) 4, no. 2 (2025): 154–62. https://doi.org/10.55047/polri.v4i2.1612.
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The existing issue in the legal system is the lack of assurance and fairness in ensuring a witness's right to have legal representation during the pre-trial phase. The goal of this research is to evaluate the urgency of regulating the rights of witnesses accompanied by legal advisors during pre-trial examinations as a form of fulfilling human rights, as well as efforts to fulfill the rights of witnesses accompanied by legal advisors at the pre-adjudication stage as a form of fulfilling human rights. The benefits of writing provide a basic understanding regarding the urgency of regulating the rights of witnesses accompanied by legal advisors at the pre-trial stage as a form of fulfilling human rights. The emptiness of norms underlies this research with a type of normative legal research as well as a statutory and conceptual approach. The research results show that the urgency of regulating the rights of witnesses accompanied by legal advisors at the pre-trial stage is based on the principle of equality before the law which is fundamentally regulated in the constitution. In connection with efforts to fulfill the rights of witnesses accompanied by legal advisors at the pre-trial stage, extensive legal interpretation can be carried out by expanding the meaning of the definition of witness, so that the rights of witnesses described in the law can become a reference, in addition there is a role for law enforcers to assist in fulfilling the rights of witnesses.
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Wieśniak, Marcin, Palash Pandya, Omer Sakarya, and Bianka Woloncewicz. "Distance between Bound Entangled States from Unextendible Product Bases and Separable States." Quantum Reports 2, no. 1 (2020): 49–56. http://dx.doi.org/10.3390/quantum2010004.
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We discuss the use of the Gilbert algorithm to tailor entanglement witnesses for unextendible product basis bound entangled states (UPB BE states). The method relies on the fact that an optimal entanglement witness is given by a plane perpendicular to a line between the reference state, entanglement of which is to be witnessed, and its closest separable state (CSS). The Gilbert algorithm finds an approximation of CSS. In this article, we investigate if this approximation can be good enough to yield a valid entanglement witness. We compare witnesses found with Gilbert algorithm and those given by Bandyopadhyay–Ghosh–Roychowdhury (BGR) construction. This comparison allows us to learn about the amount of entanglement and we find a relationship between it and a feature of the construction of UPBBE states, namely the size of their central tile. We show that in most studied cases, witnesses found with the Gilbert algorithm in this work are more optimal than ones obtained by Bandyopadhyay, Ghosh, and Roychowdhury. This result implies the increased tolerance to experimental imperfections in a realization of the state.
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Gatt, Jurgen R. "The Hypothetical Witness in Gorgias and Antiphon." Sapiens ubique civis 2 (December 15, 2021): 45–68. http://dx.doi.org/10.14232/suc.2021.2.45-68.
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The paper below focuses on the shadowy figure of the hypothetical witness found in two mock-forensic works of the late 5th century: Gorgias’ Defence of Palamedes and Antiphon’s First Tetralogy. I argue that these witnesses, who only exist within the εἰκός arguments found in these speeches, are consistently characterized in impersonal ways, as individuals with knowledge pertinent to the resolution of the case. The issue of their will is also broached, particularly in last rebuttal speech of the First Tetralogy. Though such witnesses, being logical figments, could never appear in court, their characterization sheds important light on the ancient Greek notion of ‘witnessing’. Indeed, the very ability of Gorgias and Antiphon to deploy such arguments shows that witnessing was, at least in this cases, not thought to be tied to the witness’s prestige or character which remain entirely undefined. Rather, their characterization of a ‘witness’ as an individual who knows and who is motivated to testify implies that these were the features thought to fundamental to witnesses, whether real or fictive.
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Ngane, Sylvia Ntube. "Witnesses before the International Criminal Court." Law & Practice of International Courts and Tribunals 8, no. 3 (2009): 431–57. http://dx.doi.org/10.1163/156918509x12537882648381.
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AbstractIt is an established rule of international law that all witnesses shall testify at the seat of the court. The witness scheme of the International Criminal Court (ICC) is a complex one which provides for direct and indirect judicial authority over witnesses. This article grabbles with the complexities of the ICC procedural rules with regard to witnesses, concentrating on three components in the ICC witness scheme: testimony, cooperation and protection. Part I of this article examines the general rule of witness testimony before the Court and different alternatives for the giving of testimonial evidence when a witness cannot be present before the Court. The ICC's powers to compel witnesses are extremely limited and it is forced to rely on traditional legal assistance such as depositions. Part II discusses the exercise of indirect judicial authority by the Court through the assistance of States in relation to witnesses. It analyses provisions on State cooperation with witnesses, national implementing legislation with regard to witnesses and assesses the effectiveness of this legislation. The subsequent practice of State Parties as reflected by their implementing legislation on witnesses proves that a consistent practice does not exist. This section also examines the cooperation between the ICC and international organisations as regards witnesses. Part III examines the ICC Witness Protection Scheme; it looks at the ways in which witnesses are protected and it cites the practice of other tribunals. It then looks at the ICC's Victims and Witness Unit vis-à-vis the policies and mechanisms in place.
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Verheij, Albert J., and Daniël Overgaauw. "Civil Liability of Expert Witnesses in the Netherlands: A Case Note to the UKSC Judgment in Jones v. Kaney." European Review of Private Law 21, Issue 4 (2013): 1105–16. http://dx.doi.org/10.54648/erpl2013064.
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Abstract: The central issue of this case note is how the civil liability of expert witnesses is dealt with by Dutch law. According to Dutch law, there is neither immunity for expert witnesses nor a statutory limitation to their liability. A distinction is drawn between two types of expert witnesses: expert witnesses that are contracted by one or more of the parties to a conflict and expert witnesses that are appointed by court. The distinction between the party expert witness and the court-appointed expert witness determines the regime that governs the liability of the expert witness: contract law or tort law, respectively. In determining the liability of the expert witness, one should distinguish between different types of damages. Both a party expert witness and a court-appointed expert witness can limit their liability contractually. In most cases, expert witnesses who are being sued can successfully escape liability by invoking the defence of contributory negligence. There is no evidence that exposure to liability negatively influences the willingness to be appointed or contracted as an expert witness.
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Mubarrak, Husni, Bukhari Ali, and Sindi Rahmadani. "Istifadhah Witness (Testimonium De Auditu) for Marriage Authentication (Analysis of Kuala Simpang Religious Court Ruling Number: 10/Pdt.P/2021/MS.Ksg)." Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial 25, no. 2 (2023): 204. http://dx.doi.org/10.22373/jms.v25i2.17009.
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This article would like to discuss about istbat nikah (marriage authentication) where the witnesses who gave their testimonies were istifadhah witnesses (Testimonium De Auditu) based on a case which registered in Mahkamah Syar’iyah (Religious Court) in Kuala Simpang, Aceh, as a case number 10/Pdt.P/2021/MS.Ksg. However, based on this witness’ testimonies, the judges authorized istifadhah witnesses to give their testimonies to be heard in front of the Court. It has challenged academically to know and dig more about the judge’s reasoning on why he consider the authorization of istifadhah witnesses testimonies in istbat nikah on mentioned case. It is also interesting to analyze on how Islamic law view about istifadhah witnesses’ testimonies in an istbat nikah case. The combination between field study and library study with juridical normative approach is used as the method in this research. The result shows that istifadhah witnesses’s testimonies can be heard in the court as long as the testimonies given cannot be proved, otherwise then the testimonies are true. Similarly, Islamic law views this matter can only be applied in some cases, one of which is in istbat nikah case.
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Mphaphuli, Lucy. "Witness protection program: The experiences of intimidation on state witnesses in South Africa." Temida 27, no. 3 (2024): 353–74. https://doi.org/10.2298/tem2403353m.
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Intimidation of state witnesses is a serious problem that results in the inability of the courts to prosecute cases successfully, as witnesses are afraid to give testimony because they fear for their lives. The study, of which findings are presented in this paper aimed to explore the experiences of intimidation of state witnesses in the context of the Witness Protection Program in South Africa with the objective being to examine how the intimidation of witnesses affects the outcomes of the courts. Qualitative research was conducted on a sample of 30 participants, using non-probability, purposive sampling and semi-structured interviews were conducted to collect data. Participants were witnesses and staff members in the South African Witness Protection Program. The findings show that despite the important role of the Witness Protection Program, some witnesses experience intimidation during the different stages of the criminal justice system. The study recommends approaches aimed at reducing the effect of intimidation on state witnesses.
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Dhaniaty, Marina. "KEDUDUKAN SAKSI INSTRUMENTAIR ATAS AKTA NOTARIS YANG MENIMBULKAN PERMASALAHAN DALAM PERKARA PERDATA." JURNAL MEDIA HUKUM DAN PERADILAN 5, no. 1 (2019): 118–32. http://dx.doi.org/10.29062/jmhp.v5i1.81.
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The subject of the research is entitled Position of Witness Instrumentair on Notariy Deeds that Dispute and Inflict Problems, with the formulation of the problem How is the position of the instrumentair sanctioned in the notary deed and How is the scope of the instrumentair witness's responsibility in making a notary deed. Conclusions are obtained as follows: Sanctioned instrumentair in notary deed, to fulfill requirements as authentic deed, however the presence of witnesses of instrumentair is very necessary and is a requirement to be referred to as an authentic deed that has perfect proof power. In making the deed, since the notary read and signed the deed (verleijden), the instrumentair witness testified that it was true that the formalities determined by the law had been fulfilled, namely that before the parties signed, the deed had been read by the Notary to the party, then signed by the parties, everything is done before the witnesses of the instrumentair. The scope of the instrumentair witness's responsibility in making a notary deed can be explained that the instrumentair witness in making authentic deeds is limited to ratifying the deed as an authentic deed as desired by the nature and form of authentic deed, which is signed by the witness notary and instrumentair witness responsible for fulfilling the formalities determined by law, that the true viewer is present before a Notary and the identity of the viewer is in accordance with the description read by the Notary, that the deed before being signed by the parties is first read by the Notary to the viewers, and then signed by the parties concerned. it was carried out by a Notary and the parties before witnesses
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Hansen, Leif Ove, Andreas Hauge, Jan Myrheim, and Per Øyvind Sollid. "Extremal entanglement witnesses." International Journal of Quantum Information 13, no. 08 (2015): 1550060. http://dx.doi.org/10.1142/s0219749915500604.
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We present a study of extremal entanglement witnesses on a bipartite composite quantum system. We define the cone of witnesses as the dual of the set of separable density matrices, thus [Formula: see text] when [Formula: see text] is a witness and [Formula: see text] is a pure product state, [Formula: see text] with [Formula: see text]. The set of witnesses of unit trace is a compact convex set, uniquely defined by its extremal points. The expectation value [Formula: see text] as a function of vectors [Formula: see text] and [Formula: see text] is a positive semidefinite biquadratic form. Every zero of [Formula: see text] imposes strong real-linear constraints on f and [Formula: see text]. The real and symmetric Hessian matrix at the zero must be positive semidefinite. Its eigenvectors with zero eigenvalue, if such exist, we call Hessian zeros. A zero of [Formula: see text] is quadratic if it has no Hessian zeros, otherwise it is quartic. We call a witness quadratic if it has only quadratic zeros, and quartic if it has at least one quartic zero. A main result we prove is that a witness is extremal if and only if no other witness has the same, or a larger, set of zeros and Hessian zeros. A quadratic extremal witness has a minimum number of isolated zeros depending on dimensions. If a witness is not extremal, then the constraints defined by its zeros and Hessian zeros determine all directions in which we may search for witnesses having more zeros or Hessian zeros. A finite number of iterated searches in random directions, by numerical methods, leads to an extremal witness which is nearly always quadratic and has the minimum number of zeros. We discuss briefly some topics related to extremal witnesses, in particular the relation between the facial structures of the dual sets of witnesses and separable states. We discuss the relation between extremality and optimality of witnesses, and a conjecture of separability of the so-called structural physical approximation (SPA) of an optimal witness. Finally, we discuss how to treat the entanglement witnesses on a complex Hilbert space as a subset of the witnesses on a real Hilbert space.
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Sembiring, Rosnidar, Zulfi Chairi, and Ivana Novrinda Rambe. "ANALYSIS LEGAL PROTECTION OF INSTRUMENTARY WITNESSES IN THE MAKING OF NOTARY ACTS (STUDY OF INDONESIAN NOTARY ASSOCIATION OF REGIONAL MANAGEMENT OF MEDAN CITY)." MORFAI JOURNAL 2, no. 3 (2022): 631–38. http://dx.doi.org/10.54443/morfai.v2i3.473.
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The main purpose of this study is to analyze and examine the position and aspects of legal protection for instrumental witnesses in making a notarial deed. In giving his testimony at trial on a deed made by a Notary, the witness has an obligation to provide information with actual facts, if a witness submits false information, he can be punished according to the Criminal Procedure Code. The role of the instrumental witness is currently not getting enough attention from law enforcement even though an instrumental witness plays a major role in revealing a problem that arises as a result of legal actions from a Notary act. The Regional Board of the Indonesian Notary Association of North Sumatera often hears about several problems regarding instrumental witnesses in the practice of notary positions. The method used in this research is normative juridical. The nature of the research used in this research is descriptive analysis by describing the problem systematically and comprehensively. The purpose of descriptive analytical research is to describe accurately the nature of an individual, a symptom, a situation or a particular group. The data collection method used in this writing is using library research methods. To further develop this research data, an analysis was carried out directly to the informants using interview guidelines that had been prepared in advance. Interviews were conducted with the Chairperson of the Regional Board of the Indonesian Notary Association of North Sumatera to obtain facts in the practice of Notaries in Medan City regarding instrumental witnesses. The position of the instrumental witness in the Notary act is certainly different from the position of the witness in general, who is a witness who has heard and/or witnessed an event that has occurred. The position of the instrumental witness as one of the formal requirements of a Notary act is stated in Article 38 paragraph (4) letter c of the UUJN, that at the end or closing the deed must contain the full name, place and date of birth, occupation, position, position and residence of each witness. In accordance with Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, the legal protection provided for instrumental witnesses in making a Notary act in providing information is protected by the Witness and Victim Protection Agency (LPSK).
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Pavel-Guzun, Irina. "Particulars of use of witness declarations in summary procedures." Supremacy of Law, no. 2 (July 2024): 74–84. https://doi.org/10.52388/2345-1971.2023.2.08.
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The criminal process represents the activity of the criminal investigation bodies and of the courts with the participation of the parties in the trial and of other persons, carried out in accordance with the provisions of the Code of Criminal Procedure. It should be noted that in the criminal proceedings, the witness's statements play a particularly important role, whether the examination procedure is general or simplified. Witnesses are considered „ eyes and ears of justice” and this characterization is based both on the length of time of this means of proof, as well as the fact that he is almost indispensable in a criminal trial. For these reasons, it is necessary to clarify the more controversial issues related to this issue. The article below analyzes the particularities of the use of witness statements in summary procedures, examining: the notion of witness; managing the evidence with the witness; administration of the evidence with witnesses in the summary procedures; coinculpat statements.
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Lueger-Schuster, Brigitte, Tobias M. Glück, Ulrich S. Tran, and Elisabeth L. Zeilinger. "Sexual violence by occupational forces during and after World War II: influence of experiencing and witnessing of sexual violence on current mental health in a sample of elderly Austrians." International Psychogeriatrics 24, no. 8 (2012): 1354–58. http://dx.doi.org/10.1017/s104161021200021x.
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ABSTRACTBackground: Wartime rape is an atrocity with long-lasting impacts not only on victims but whole societies. In this brief report, we present data on experience and witness of sexual violence during World War II (WWII) and subsequent time of occupation and on indicators of mental health in a sample of elderly Austrians.Methods: Interviews of 298 elderly Austrians from a larger epidemiological study on WWII traumatization were analyzed for the impact of experience and witness of sexual violence during the wartime committed by occupational forces. Interviews comprised a biographical/historical section and psychological measures (BSI, TLEQ, PCL–C). Participants were recruited in all nine provinces of Austria with respect to former zones of occupation (Western Allied/Soviet).Results: Twelve persons reported direct experience of sexual violence, 33 persons witnessed such atrocities. One third of the victims and 18.2% of the witnesses reported post-traumatic stress disorder (PTSD full/subthreshold). Sexual violence occurred more often in the former Soviet zone. Victims and witnesses displayed higher odds of post-traumatic symptoms and symptoms of depression and phobic fear than non-victims. Furthermore, witnesses displayed higher levels of aggression compared to victims and non-witnesses.Conclusions: Our results corroborate previous findings that wartime rape has long-lasting effects over decades on current mental health and post-traumatic distress in victims and witnesses. We recommend integration of psychotraumatological knowledge on consequences of sexual violence on mental health into geriatric care and the education of dedicated personnel.
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Juhriati, Jufrin, and Muhammad Amin. "LAW ENFORCEMENT AGAINST CHILDREN WITH VIOLENCE." Awang Long Law Review 6, no. 1 (2023): 1–8. http://dx.doi.org/10.56301/awl.v6i1.816.
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The purpose of this research is first to describe the implementation of law enforcement against child victims of intercourse accompanied by violence in the Bima Kota Police PPA Unit; second, to describe the obstacles in law enforcement against child victims of violent intercourse at the Bima Kota Police PPA Unit. Empirical legal research methods (non-doctrinal), case and policy approaches, using data collection, documentation, observation and interviews and integrating with literature review of legal documents relevant to the object under study, and analyzed descriptively. The results of the study show, First, the implementation of law enforcement against child victims of violent intercourse at the Bima City Police Unit PPA is in accordance with applicable laws and regulations using the Criminal Procedure Code and the SPPA, where at the investigation level it is carried out starting with an initial examination or interrogation of witnesses who can provide clues to the incident. Then a post mortem et review was carried out on the victim's child to identify injuries to physical violence. Then the crime scene was processed at the scene to confirm other clues. Second, obstacles in law enforcement against child victims of sexual intercourse, (1) Witnesses who are still children and find it difficult to communicate during the examination process. Especially if the key witness is a child who is still traumatized by the events he witnessed. (2) There were no witnesses who saw them directly and the witnesses did not want to come to provide information. (3) There were difficulties in uncovering the cause of death of the victim's child because in the jurisdiction of the Bima City Police there were no forensic experts so they had to carry out an autopsy at the Bayangkara Hospital in Mataram. (4) There is no expert psychologist witness accompanying the child witness in proving the quality of the testimony given by the child witness.
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CUI, XIN JIE. "Online Testimony In Chinese Civil Litigation." Wonkwang University Legal Research Institute 40, no. 2 (2024): 61–78. http://dx.doi.org/10.22397/wlri.2024.40.2.61.
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The role of witnesses in uncovering the truth of a case is very important, and witness appearances in court hold significant meaning in civil litigation. However, witnesses often hesitate to appear due to a lack of time or the court being located far away. Additionally, fear of retaliation from the parties involved leads many witnesses to refuse to testify in court. This results in a low rate of witness appearances, which is recognized as a serious issue in Chinese civil litigation. The advancement of internet technology offers a solution to this problem. By allowing witnesses to testify online, it saves time and costs associated with testifying, and reduces direct contact between witnesses and parties, effectively protecting the safety of witnesses. Therefore, this method of online testimony provides a potential solution to increase witness court appearance rates. However, the current online testimony method has issues such as unclear nature, difficulty in accurately verifying witness identity, and challenges in ensuring the credibility of the testimony. To resolve these issues, it is first necessary to legally clarify the online testimony method as a form of court appearance testimony. Additionally, measures to strengthen the verification of witness identity should be implemented. For example, legislative measures to clearly define penalties for identity theft of witnesses, reinforcing judges' obligations to verify identities, and directly connecting online litigation platforms with systems of third-party agencies like police and administrative authorities to facilitate thorough identity verification. Such measures will prevent identity theft and accurately confirm the identity of witnesses, thus protecting the legitimate rights and interests of parties and enhancing the fairness and efficiency of litigation. Furthermore, to strengthen the credibility of testimony, the following measures can be considered: 1. Establish an online oath system for witnesses, ensuring they understand the legal consequences of false testimony. 2. Emphasize the importance of adhering to court order, ensuring that witnesses follow the same rules online as they would in an offline court. 3. Adhere to the principle of isolated examination, preventing witnesses from being influenced by other witnesses or participants. 4. Utilize the cross-examination method from common law systems to enhance the credibility of testimonies. In conclusion, the method of online testimony can be a useful tool to increase witness court appearance rates, but effective utilization requires legal, technical, and institutional improvements.
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Smith, Kevin, and Becky Milne. "Witness interview strategy for critical incidents (WISCI)." Journal of Forensic Practice 20, no. 4 (2018): 268–78. http://dx.doi.org/10.1108/jfp-03-2018-0007.
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PurposeHigh-profile critical incidents involving multiple witnesses, particularly terrorist attacks, have increased over the years. The purpose of this paper is to describe the components of a witness interview strategy for this type of investigation. Central to these cases is a need for a triage system which deals with a large number of witness/victim interviews that must be conducted fast time.Design/methodology/approachThis paper was developed based on the experience of the authors who provide practical advice and support to these types of investigations and a dialogue with police interview advisers involved in developing this type of strategy.FindingsA witness interview strategy for critical incidents involving multiple witnesses should be set within a framework that covers initial contact with the witnesses, the interview process and post-interview processes.Practical implicationsIt is important that a witness interview strategy is developed for any critical incident involving multiple witnesses to ensure that what could otherwise be a chaotic process is effectively managed.Originality/valueNo other papers have been published that consider the development of witness interview-strategies for multiple-witnesses in critical incidents.
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Muh Sutri Mansyah, Rizki Mustika Suhartono, Rasmala Dewi, Sajida Humaira, and Kisty Lee. "Ensuring Justice: An In-depth Analysis of Witness Protection in Divorce Cases within the Religious Court in Indonesia." Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum 8, no. 2 (2023): 124–37. http://dx.doi.org/10.22515/alahkam.v8i2.8066.
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The aim of this research is to analyze witness protection in divorce cases in Indonesia. Witnesses are one of the pieces of evidence used in divorce cases in the Religious Court, yet witnesses brought forth during trials face threats and legal demands. Meanwhile, the aspect of witness protection remains unregulated. Therefore, the focal issue is why it is crucial to protect witnesses in divorce cases in the Religious Court and what constitutes an ideal concept of witness protection. The research methodology employed is normative juridical, utilizing a legislative and case-based approach. The findings indicate that witness protection is highly significant as witnesses are often utilized as evidence. Based on 709 applications from non-criminal cases seeking protection from the Witness and Victim Protection Agency (LPSK) and being denied, it is evident that the Witness and Victim Protection Act only regulates witnesses in criminal offenses. This shift in focus extends beyond the interests of the petitioner and the respondent. It should ideally be in the interest of the witness and the court to achieve truth and justice. Ideally, witness protection should be regulated under the Witness and Victim Protection Act, and this legislation needs to be revised fundamentally as it has undergone substantial changes.
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Nofiardi, Nofiardi. "Testimonium de Auditu Witness: Comparison of Maṣlāhah in the Settlement of Syiqāq in the Religious Court of the Border Regions". Samarah: Jurnal Hukum Keluarga dan Hukum Islam 7, № 2 (2023): 1016. http://dx.doi.org/10.22373/sjhk.v7i2.11493.
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Witness examination is one of the trial procedures required to resolve cases before the Religious Courts. According to the regulations, witnesses must provide information directly related to their testimony that they actually have seen, heard, or experienced the case. The issue is that some of the witnesses introduced were unaware of the testimony they provided and only learned about it from the litigants. How can the Religious Courts in the border area, which is the Minang region, resolve the syiqāq case from a maṣlāhah perspective, and what are the solutions that can be implemented to bring about a positive outcome in the syiqāq case when the witness's closest family does not have knowledge about the case in person? Comparing these two court products in terms of maṣlāhah is an intriguing analysis. Using a comparative approach to the two cases, this study conducted a fundamental analysis of the literature. The results demonstrated that distinct assemblies evaluated the presence of these witnesses in relation to the issued decisions. Some of the panels regarded the testimony in this case as insufficient evidence, so they denied the requested divorce despite the family's ongoing disputes (syiqāq). In petition cases with the same witness issue, however, the tribunal deemed the evidence to be sufficient to grant the requests.
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Oktaviyanti, Leny. "IMPLEMENTATION OF ARTICLE 5 OF LAW 31 OF 2014 CONCERNING THE PROTECTION OF WITNESS AND VICTIMS IN THE STATE COURT OF BANDA ACEH." Jurnal Multidisiplin Sahombu 1, no. 02 (2022): 52–60. http://dx.doi.org/10.58471/jms.v1i02.117.
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Article 5 of Law Number 31 of 2014 concerning the protection of witnesses and victims regulates the rights of witnesses and victims and the author focuses more on the rights of witnesses in criminal acts of corruption, in matters of witness rights and will relate to the implementation of article 5 regarding whether or not witness protection is applied at the Banda Aceh District Court because the success of a criminal justice process depends on the evidence that has been successfully disclosed in court, especially witness testimony is an important factor so that witness protection is needed as regulated in the law. And one of the factors in the absence of application of witness protection is the difference in the testimony of witnesses of corruption in the BAP and in court. From the problems above, the problem is how to implement Article 5 of Law Number 31 of 2014 against witnesses of corruption crimes in the Banda Aceh District Court, and what are the factors causing the differences in the statements of witnesses of corruption in the BAP (Minutes of Investigation) and in court based on the judge's observations. The research method used is empirical juridical by conducting interviews, observations, and documentation. The results and conclusions of the study indicate that the protection of the rights of witnesses carried out by the Banda Aceh District Court has not been implemented as stated in Article 5 of Law Number 31 of 2014 due to many obstacles faced, starting from the authorized institution, namely the Witness Protection Agency and the Witness Protection Agency. victim (LPSK), budget or funds, and from the government. And there are differences in the statements of witnesses in the Minutes of Examination with those in Court based on research with the judge, namely there are three factors, the influence of the investigator, the influence of the defendant, and the fear of the witness.
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Wang, Bang-Hai, Zi-Heng Ding, Zhihao Ma, and Shao-Ming Fei. "Common Coherence Witnesses and Common Coherent States." Entropy 23, no. 9 (2021): 1136. http://dx.doi.org/10.3390/e23091136.
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We show the properties and characterization of coherence witnesses. We show methods for constructing coherence witnesses for an arbitrary coherent state. We investigate the problem of finding common coherence witnesses for certain class of states. We show that finitely many different witnesses W1,W2,⋯,Wn can detect some common coherent states if and only if ∑i=1ntiWi is still a witnesses for any nonnegative numbers ti(i=1,2,⋯,n). We show coherent states play the role of high-level witnesses. Thus, the common state problem is changed into the question of when different high-level witnesses (coherent states) can detect the same coherence witnesses. Moreover, we show a coherent state and its robust state have no common coherence witness and give a general way to construct optimal coherence witnesses for any comparable states.
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Wilcock, R., and D. Crossley. "Witness Care: Informing Witnesses about Identification Parades." Policing 5, no. 1 (2010): 49–55. http://dx.doi.org/10.1093/police/paq017.
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Leasa, Elias Zadrach, and Denny Latumaerrisa. "Pendampingan Saksi Dalam Tindak Pidana Korupsi." MATAKAO Corruption Law Review 1, no. 2 (2023): 123–30. http://dx.doi.org/10.47268/matakao.v1i2.11322.
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Introduction: The investigation process of a suspect in a criminal case of corruption begins with the examination of a witness. The testimony of the judgment of the judgment is absolute. In addition to the threat of punishment for corruption over five years, and the testimony by the witnesses if not, of course, the testimony is given by the witnesses, According to the investigator, the witnesses are identified as a suspect in a criminal case of corruption.
 Purposes of the Research: Examining and analyzing forms of assisting witnesses by legal counselors in case of corruption crimes.
 Methods of the Research: The type of research used is normative research focused on giving systematic explanations that govern a particular category.The problem's approach to the law and conceptual approach. The gathering of legal material through primary legal material is then associated with secondary legal material.The management and analysis of legal materials is qualitatively deciphered.
 Results of the Research: Witness and victim protection laws specifically in chapter 2 indicate that these laws provide protection to witnesses and victims in all criminal proceedings in the judicial environment..From the sound of this chapter means against witnesses at all levels need protection, In this case, legal protection..In chapter ii, u psk in chapter 5 verse (1 ) a witness and victim have rights, One of them is free from question, and one of them is a witness., Should also be given by the prosecutor as an investigator in the corruption crimes., But sometimes they don't provide protection and rights as witnesses..To do that requires a witness accompanied by legal counsel or advocates in the process of investigating crimes of corruption in order to protect the rights of witnesses.
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Damendra, Gede Agus, Kt Sukowati Lanang P. Perbawa, and Putu Sekarwangi Saraswati. "LEGAL PROTECTION FOR WITNESS UNDER THE WITNESS AND VICTIM PROTECTION LAW." Pena Justisia: Media Komunikasi dan Kajian Hukum 23, no. 2 (2024): 1720. http://dx.doi.org/10.31941/pj.v23i2.4130.
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<p>Indonesia’s legal system provides a robust framework for protecting witnesses. In criminal cases, justice and legal certainty are ensured while also prioritizing the safety and well-being of witnesses. This study examines the regulation of legal protection for witnesses and victims under the Witness and Victim Protection Law and assesses if the Law has been effective in providing justice and legal certainty. The research method employed normative legal research. The Criminal Procedure Code (KUHAP) inadequately protects witnesses, as revealed by the study. The Witness and Victim Protection Law clearly outlines the rights of witnesses and victims of criminal acts in specific cases, as determined by the Witness and Victim Protection Agency (LPSK). In addition, the law requires that victims of gross human rights crimes receive compensation from the state. According to Government Regulation No. 44/2008, the state provides compensation when the perpetrators are unable to fully meet their responsibility.</p><p><strong>Keywords: Legal Protection, Witness, Victim</strong></p>
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Arista Kumara, Tirta, and M. Saleh. "MENILAI KEDUDUKAN HUKUM SAKSI INSTRUMENTER SEBAGAI SAKSI AKTA NOTARIS DI PENGADILAN." Jurnal Hukum dan Kenotariatan 6, no. 1 (2022): 826–35. http://dx.doi.org/10.33474/hukeno.v6i2.14695.
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Dalam ruang lingkup kenotariatan dikenal dua macam saksi, yaitu saksi pengenal dan saksi instrumenter.Saksi instrumenter diwajibkan oleh hukum untuk hadir pada pembuatan akta Notaris. Tugas saksi instrumenter ini adalah membubuhkan tanda tangan, memberikan kesaksian tentang kebenaran isi akta dan dipenuhinya formalitas yang diharuskan oleh undang-undang. Biasanya, yang menjadi saksi instrumenter ini adalah karyawan Notaris itu sendiri. Artikel ini akan mengangkat permasalahan dengan topik Menilai Kedudukan Hukum Saksi Instrumenter Sebagai Saksi Akta Notaris di Pengadilan.Kata-Kunci: Saksi Instrumenter; Akta Notaris; Pengadilan.Within the scope of a notary, there are two kinds of witnesses, namely identifying witnesses and instrumenter witnesses. Instrumental witnesses are required by law to be present at the making of a notary deed. The task of this instrumenter witness is to put a signature, testify about the truth of the contents of the deed and fulfill the formalities required by law. Usually, the witnesses for this instrument are the Notary's employees themselves. This article will raise issues with the topic of Assessing the Legal Position of Instrumental Witnesses as Witnesses of Notary Deeds in Court.Keywords: Instrumenter Witness; Notarial Deed; Court.
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Mazyuk, Roman. "About Digitalization of the Mechanism for Attracting Attesting Witnesses to Participate in Criminal Proceedings." Academic Law Journal 25, no. 2 (2024): 282–91. https://doi.org/10.17150/1819-0928.2024.25(2).282-291.
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The article substantiates the need to digitalize the mechanism for attracting attesting witnesses to participate in criminal proceedings in order to optimize and objectify the activities of this institution. This will avoid the elimination of the institution of attesting witnesses, which some authors advocate. The digital mechanism for attracting attesting witnesses can be based on the information system “Gosuslugi”, on the basis of which it is proposed to develop a mobile application “Gosuslugi. Attesting witnesses”. The use of a mobile application will not only objectify the procedure for attracting attesting witnesses to participate in criminal proceedings, but also solve a number of additional related problems (identifying the attesting witness, confirming the fact that he or she speaks Russian, whether he or she is registered at the place of conduct of the preliminary investigation, etc.). A separate section of the mobile application may contain excerpts from the Code of Criminal Procedure of the Russian Federation on the rights and obligations of an attesting witness, the general rules for conducting investigative actions, as well as explanations about the procedure for attracting an attesting witness to participate in an investigative action and paying him or her a remuneration for such participation. In order to minimize cases of failure of an attesting witness to appear without good reason for an investigative action after his or her electronic confirmation of participation in it, it seems advisable to limit such a citizen through a mobile application in the right to participate in the procedure for selecting attesting witnesses for a period of at least one year. In the final part of the article, the author proposes an algorithm for implementing a digital mechanism for attracting attesting witnesses to participate in criminal proceedings through the use of the mobile application “Gosuslugi. Attesting witnesses”. It is assumed that the digital mechanism for attracting attesting witnesses will not immediately eradicate the practice of using “regular witnesses” in criminal proceedings. But over time, if the experiment is successful, such a mechanism may become mandatory in all criminal cases.
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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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Wheatcroft, Jacqueline M. "Witness assistance and familiarisation in England and Wales." International Journal of Evidence & Proof 21, no. 1-2 (2016): 158–68. http://dx.doi.org/10.1177/1365712716674801.
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Since the 1700s, lawyers have controlled interactions with witnesses in court. In England and Wales, witness familiarisation, endorsed in R v Momodou [2005], 1 aimed to demystify the process and through practical guidance assist witnesses to give their best evidence in legal proceedings, with the result that they are less likely to be confused, misled or unduly influenced by the process of cross-examination. This paper outlines empirical research which indicates that familiarisation can be helpful; though it argues that justice systems should develop best practices for the elicitation of accurate evidence and not leave it to witnesses to combat the system’s shortcomings. Given that this is particularly acute for vulnerable witnesses (and familiarising witnesses to cross-examination is in its infancy), the paper draws attention to R v Lubemba [2014], 2 which suggests that there is no right to put a case to a witness in child cases. The article also discusses witness approaches in the context of the right to challenge concept.
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Krismen, Yudi. "PERLINDUNGAN SAKSI DAN KORBAN DALAM PROSES PENEGAKAN HUKUM PIDANA." SISI LAIN REALITA 1, no. 1 (2016): 43. http://dx.doi.org/10.25299/sisilainrealita.2016.vol1(1).1406.
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Speaking about victims and witnesses, we can not be separated rather than criminal proceedings. In the provision of Article 184 paragraph (1) letter a witnesses KUHAP positioned as "evidence" that major in criminal matters. So consequently, in every process of law enforcement if the witness does not meet the legitimate calls from investigators, prosecutors until trial, the investigator, the prosecutor can conduct a forced effort to pick up the forced witnesses. Because, criminal proceedings are still bound by doctrine in introdusir Criminal Procedure Code, Criminal Procedure Code where the witness in the formulation of concentrating on "no probative value". However, with the enactment of Law No. 13 of 2006 on Protection of Witnesses and Victims, is expected to address issues of law against prolonged witnesses and victims in criminal proceedings.
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Syahyu, Yulianto. "Legal Protection of Instrumenter Witnesses if there is a Problem with a Notary Deed." Lambung Mangkurat Law Journal 7, no. 1 (2022): 14–28. http://dx.doi.org/10.32801/lamlaj.v7i1.298.
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Instrumenter witnesses are witnesses who play an important role in the inauguration of a notarial deed so that if the existence of this deed witness is not fulfilled, then based on the law regarding the position of a notary, the deed only has the power of proof as an underhand deed. Instrumental witnesses who were present at the inauguration of the deed were included in the notarial field, but in the law regarding the position of a notary which is the only law regarding notarialty, it has not regulated the protection of the witness. This research is a normative legal research using a statute approach and case approach. The results showed the position of the instrumenter witness is only limited to qualifying the formality of the deed only. Regarding legal protection for instrumenter witnesses to date the arrangement has not been regulated in the notary office law even though there has been a law on the protection of witnesses and victims but in fact not enough to provide legal protection for instrumenter witnesses.Thus, a law thatspecifically protects the rights of instrumenter witnesses due to their function relating to notary deeds.
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Pleskaczyńska, Maria. "From the Experience to Bearing Witness; From the Authority to Trust. Testimony, Historical Truth and Trust in Contemporary Collective Memory." Philosophical Discourses 1 (2019): 81–93. http://dx.doi.org/10.16926/pd.2019.01.05.
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The last decades are the time of significant interest in the problem of witnesses and their testimonies, both in interdisciplinary discourse and practical activities and institutions. An important philosophical category of testimony, is gaining growing practical importance. New forms of collection and distribution of testimonies, significant increase of their quantity and release to the public discussion and a group of witnesses new participants, creates some new problems requiring reflection. The growing problem of institutionalization may disrupt the natural availability of bearing witness. Connecting testimonies with the historical truth and factual knowledge may lead to devaluation of testimonies and bearing witness. Ethics admits witnesses specific authority based on the personal experience and validity of the moral evaluations; this authority may explain who can (should) to bear witness. Meanwhile, the category of trust seems to explain the witnesses selection much better. The risk of numerous manipulations of testimonies is an important problem that has a negative impact on the reception of the social reception of testimonies and the situation of witnesses. In order to adequately respond to the experiences and needs of witnesses, an atmosphere of social trust should be build.
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Yulianto Syahyu. "Legal Protection of Instrumenter Witnesses if there is a Problem with a Notary Deed." Lambung Mangkurat Law Journal 7, no. 1 (2022): 14–28. http://dx.doi.org/10.32801/abc.v7i1.129.
Full textAbstract:
Instrumenter witnesses are witnesses who play an important role in the inauguration of a notarial deed so that if the existence of this deed witness is not fulfilled, then based on the law regarding the position of a notary, the deed only has the power of proof as an underhand deed. Instrumental witnesses who were present at the inauguration of the deed were included in the notarial field, but in the law regarding the position of a notary which is the only law regarding notarialty, it has not regulated the protection of the witness. This research is a normative legal research using a statute approach and case approach. The results showed the position of the instrumenter witness is only limited to qualifying the formality of the deed only. Regarding legal protection for instrumenter witnesses to date the arrangement has not been regulated in the notary office law even though there has been a law on the protection of witnesses and victims but in fact not enough to provide legal protection for instrumenter witnesses.Thus, a law thatspecifically protects the rights of instrumenter witnesses due to their function relating to notary deeds
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Hasibuan, Pondang, Sahat Benny Risman Girsang, Erni Juniria Harefa, Janpatar Simamora, and Herlina Manullang. "AKIBAT HUKUM PENCABUTAN BERITA ACARA PEMERIKSAAN SAKSI DI DEPAN PERSIDANGAN DALAM TINDAK PIDANA NARKOTIKA (Studi Putusan Nomor 201/Pid.Sus/2018/PN Simalungun)." NOMMENSEN JOURNAL OF LEGAL OPINION 1, no. 01 (2020): 129–38. http://dx.doi.org/10.51622/njlo.v1i01.341.
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During the trial, witnesses were often found retracting the testimony of witnesses given during the investigation (Police) in court. There are many reasons that the revocation is given by the witness to revoke the witness's BAP that has been given before the investigator. The problem studied is how the consequences of the revocation of the BAP in front of the trial affect the judge's decision in Decision No. 201/Pid.Sus/2018/PN Simalungun. The research method uses a normative juridical approach, which is an approach based on the main legal material by examining theories, concepts, legal principles and legislation. In Decision No. 201/Pid.Sus/2018/PN Sim that the strength of the evidence of the witness's BAP becomes an integral part of the investigation file and is finally transferred to the District Court for trial, it has become evidence of affidavits. That the consequence of the revocation of the witness's BAP before the trial in Decision No. 201/Pid.Sus/2018/PN.Sim did not affect the judge's decision to convict the defendant, because the Panel of Judges considered that the revocation of the witness's BAP did not have a strong reason and the defendant's actions were also categorized as extraordinary crime.
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Ramadhani, Putri, and Ardiansyah Ardiansyah. "Urgensi dan Hambatan Perlindungan Saksi dan Korban sebagai Upaya Pengungkapan Tindak Pidana." AHKAM 3, no. 3 (2024): 623–34. http://dx.doi.org/10.58578/ahkam.v3i3.3774.
Full textAbstract:
Protection of witnesses and victims in the criminal justice system in Indonesia is an important aspect in disclosing criminal acts. Prior to Law Number 13 of 2006 which was later amended by Law Number 31 of 2014, protection for witnesses and victims was partial and not comprehensive. This research aims to understand the urgency and obstacles faced in implementing the witness and victim protection law. The method used in this research is normative research with a conceptual legal approach. The research results show that witness and victim protection is very important to provide a sense of security and comfort to witnesses and victims, especially in the judicial process. Providing a sense of security and comfort was strengthened by the birth of the witness and victim protection law. Although legal protection for witnesses and victims has been regulated in various laws, its implementation still faces various obstacles, including low victim participation and limited human resources for law enforcement.Key words: Witness protection, victim protection, witness and victim rights.
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Parwez, Zahid, Narayan Chandra Sarangi, and Dolly Jabbal. "Role of Judiciary in Protecting Witnesses in the Criminal Justice System: A Critical Analysis." International Journal of Membrane Science and Technology 10, no. 2 (2023): 2089–93. http://dx.doi.org/10.15379/ijmst.v10i2.2776.
Full textAbstract:
Witnesses are the eyes and ears of the Criminal Justice System. Witnesses being the only spectator of an offence are the indispensable aid in the Criminal Justice Delivery System but are yet at a vulnerable position that they turn victims at several instances. Starting from the investigation stage to the trial proceedings of the court witness assist the Court in every possible way to punish the accused person by deposing every relevant fact which can lead to a fair justice delivery and conviction of the accused person without getting any gain. Witnesses are often subjected to threatening, inducement, harassment, and different kinds of intimidation to them and also their family members. Due to this, in many cases due to lack of Witness Protection Laws the witnesses not getting adequate protection they become victims. Unlike the accused, the witnesses or victims have no rights for their protection. And when the state agencies fail to do their duty, as has often happened in many cases in the recent past, the witnesses turn out to be a victim and subsequently left to suffer injustice silently. Protection of witness is also one of the attributes of fair trial which is guaranteed under Article 21 of the Constitution of India wherein proper safety and security should be ensured. But due to lack of effective Witness Protection Regime and statutory framework for giving protection in our country the witness has lost confidence when it’s about their safety and security. This has also given rise to high acquittal rate and decrease in convictions in the justice administration system. The Judiciary has actively given importance for having witness protections Laws in India and at the same time has enumerated the duties of Witnesses towards the state when the state is providing protection.
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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.
Full textAbstract:
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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Mays, Vickie M., Mikaela Gareeb, Xingruo Zhang, et al. "Identifying Witnessed Suicides in National Violent Death Reporting System Narratives." Healthcare 12, no. 2 (2024): 209. http://dx.doi.org/10.3390/healthcare12020209.
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There is increasing attention to suicides that occur in view of others, as these deaths can cause significant psychological impact on witnesses. This study illuminates characteristics of witnessed suicides and compares characteristics of these deaths to non-witnessed suicides. We develop a codable definition of what constitutes witnessed (vs. non-witnessed) suicide. Our data include a sample of 1200 suicide descriptions from the 2003–2017 National Violent Death Reporting System (NVDRS). We first developed criteria to identify probable cases of witnessed suicide. The coding scheme achieved 94.5% agreement and identified approximately 10% (n = 125) of suicides as witnessed. Next, we examined differences between witnessed and non-witnessed suicides in demographics, manner of death, and social/environmental factors using bivariate Chi-squared tests, multivariate logistic regression, and ANOVA. Witnessed suicide decedents were significantly more likely than non-witnessed suicide decedents to be male, younger, and members of a sexual minority, and to have died in living spaces by means of a firearm. Two thirds of witnesses were strangers to the decedents, while 23.2% were romantic partners or ex-partners of the decedents. Our coding method offers a reliable approach to identify witnessed suicides. While witnessed suicides are relatively infrequent, these deaths have profound impact on witnesses. Articulating the features of witnessed suicides may contribute to identifying potential risk mitigation strategies.
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Bashkirova, Yu. "Testimony of witnesses in the system of evidence in economic judicial procedure." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 162–66. http://dx.doi.org/10.24144/2307-3322.2022.71.27.
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The article considers the place and role of witness testimony in the system of means of evidence in economic litigation. To this end, the relevant economic procedural legislation is analyzed, which provides a definition of the testimony of witnesses and regulates the procedure for obtaining them. The analysis of scientific sources revealed that the institute of witnesses, in economic litigation, is one of the topics of discussion not only among practitioners but also among scholars. A critical review of the positions of scholars on the place and role of witness testimony in the system of evidence in economic litigation. It is determined that the introduction of the institution of witnesses in economic litigation is aimed at unifying and simplifying the procedural aspects of litigation.
 It is established that despite long discussions on the use of the institution of witnesses in economic litigation, practice has shown the need to expand the means of proof through witness testimony, as it is seen that the study of such testimony in some cases can help establish objective truth and completeness. and comprehensiveness of the case.
 From the analysis of procedural norms it was concluded that the subjects of evidence in economic litigation may be persons who are not directly involved in the case. The witness belongs to this group of subjects. The positive feature of the witness is that he directly perceived the circumstances of the case with the help of the senses and the lack of legal interest in resolving the case. In economic litigation, there are cases in which the testimony of witnesses can be used, which determines the existence of certain relationships between the witness and the party.
 It was emphasized that if witnesses are involved in the trial, there is a risk of delaying the trial and, as a consequence, violating the principle of efficiency of the trial due to abuse of non-appearance of witnesses at the hearing. Amendments to the economic procedural legislation have been proposed to regulate the obligation to testify as a witness.
 It is proved that the introduction of the institute of witnesses in the economic procedural legislation is a positive change, which is aimed at bringing the economic justice of Ukraine closer to European standards.
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Suari, Ni Made Elly Pradnya, I. Made Minggu Widyantara, and Ni Made Sukaryati Karma. "Kedudukan dan Perlindungan Saksi Mahkota dalam Tindak Pidana Pencurian dengan Kekerasan (Studi Kasus Pengadilan Negeri Denpasar)." Jurnal Interpretasi Hukum 1, no. 1 (2020): 210–15. http://dx.doi.org/10.22225/juinhum.1.1.2213.210-215.
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The presence of witnesses in the evidence is the keyword in disclosing the facts of criminal cases. The crown witness is often present at court. However, there are many differences of opinion in the Jurisprudence regarding the use of crown witnesses in court because there is no legal regulation that explicitly regulates the use of crown witnesses in criminal justice. Based on these problems, this study described how the protection of the rights of defendants as crown witnesses in criminal acts of theft with violence and how the position of crown witnesses in criminal acts of theft with violence. This research was designed using a normative legal research method and a conceptual approach. In the Criminal Procedure Code, there is no prohibition for a defendant to provide information for other defendants as far as using a splitsing system so that defendants who are crown witnesses still receive legal protection. The decision of the Supreme Court Number 1942 K / PID / 2012 which in its verification process used a crown witness. In this case, the public prosecutor presented the crown witness due to the lack of evidence especially witness testimony evidence. The role of the crown witness is very important to uncover criminal events because the defendant knows, sees, and commits criminal theft with violence. The result of this study showed that the protection of the rights of the defendant as a crown witness is equated with the rights of the defendant in general, which is regulated in Article 50 to Article 68 of the Criminal Procedure Code and witness rights set out in Article 5 of Law Number 31 of 2014. The position of the crown witness is justified in proof-based on the Circular Attorney General's Office of the Republic of Indonesia Number B-69 / E / 02/1997 of 1997 concerning Proof Law in Criminal Cases.
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Mansyur, Zaenudin. "Pembaruan Hukum Islam tentang Empat Saksi Laki-Laki Non-Muslim dalam Kasus Li'an." Al-Manahij: Jurnal Kajian Hukum Islam 13, no. 2 (2019): 281–94. http://dx.doi.org/10.24090/mnh.v13i2.2953.
Full textAbstract:
Changes in the field of law are important matters that cannot be prevented by anyone, including Islamic law related to civil and criminal law. Specifically, in the discussion of Islamic criminal law regarding allegations of adultery (li'an), the accuser who is obliged to bring four male Muslim witnesses can turn into four non-Muslim male witnesses, because it is based on strong arguments so that non-Muslims who were initially illegitimate as witnesses become allowed. The change in law became apparent when an argument that said anyone could be a witness provided that the terms and conditions were sufficient as a witness. The legality of the four non-Muslim male witnesses is very strong when there is an argument based on the word of God regarding four witnesses who are not clearly stated whether they are Muslims or non-Muslims. Likewise, the reason that today's society is a modern and pluralistic society can provide a view of freedom for non-Muslim communities to stand witnesses to defendants in li'an cases or accusations of adultery.
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Moore, Angela D. "False Memories and Young Child Witnesses." New Criminal Law Review 19, no. 1 (2016): 125–39. http://dx.doi.org/10.1525/nclr.2016.19.1.125.
Full textAbstract:
This article looks at the problems presented by admitting statements made by young children at trial. Over time, presumed chronological thresholds for incompetence have all but disappeared in favor of general rules of competence that are agnostic about the reality of children’s susceptibility to develop false memories. Although the standard of competence requires a witness to understand the burden to tell the truth of what was witnessed, it does not adjust to accommodate the suggestibility of young children and their susceptibility to rumor, which has been shown in numerous studies in the field of developmental psychology. Especially troubling is a common rule that allows leading questions to be asked of children to elicit specific witness statements. Widening the scope of incompetence to react to social science understandings of the reliability of children’s statements poses too high an administrative burden. Instead, expert witnesses and jury instructions—which speak to credibility instead of competence—should be available to address social science findings.