KEKUATAN PEMBUKTIAN ALAT BUKTI KETERANGAN SAKSI HEARSAY EVIDENCE SETELAH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 65/PUU-VIII/2010

Frederica, Tira Safira (2019) KEKUATAN PEMBUKTIAN ALAT BUKTI KETERANGAN SAKSI HEARSAY EVIDENCE SETELAH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 65/PUU-VIII/2010. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

The application of the judicial review of the Constitution of the Republic of Indonesia was granted by Prof. Dr. Yusril Ihza Mahendra led to an expansion of the meaning of witnesses contained in the Constitutional Court Decision Number: 65 / PUU-VIII / 2010 to be a person who does not have to hear, see and experience a criminal event itself, provided there is relevance to the case being processed. This research uses normative legal research that uses secondary data consisting of primary legal materials in the form of legislation and secondary legal materials obtained from books, research results, the internet, and the opinion of sources. The existence of the Constitutional Court's Decision does not necessarily make the witness of hearsay evidence be used as a strong witness, it must be associated with a testimony and other evidence. The Constitutional Court's ruling does not always bind the judge, returning to the judge's discretion, bearing in mind the judge's conviction when deciding on a case. The witness testimony from hearsay evidence will be used by the judge as a clue if the statement is relevant to witnesses and other evidence.

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