KEKUATAN ALAT BUKTI KETERANGAN SAKSI PENYANDANG DISABILITAS TUNA RUNGU DALAM PROSES PERADILAN PIDANA

Mahardika, Yohanes Adi Putra (2015) KEKUATAN ALAT BUKTI KETERANGAN SAKSI PENYANDANG DISABILITAS TUNA RUNGU DALAM PROSES PERADILAN PIDANA. S1 thesis, UAJY.

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Abstract

Everyone has the same right and duties before the law which made everyone is guaranted to get their rights recognized and shall rank equal with each other. It also includes equality for persons with disabilities who have the same rights and obligations with normal people. This equality is intended for all aspects of life including equal before the law without discrimination, to receive protection and equal benefit of the law but the presence of persons with disabilities is not currently fully recognized.this is evident from the lack of fulfillment of the rights, protection and even discrimination. In the field of law, witnesses with disabilities are ignored because they are not capable of law and not in the category of full testimony, which is able to see, hear and experience. Proving criminal offenses involving persons with disabilities is hampered themselves and other with disabilities. Obstacles faced in handling criminal cases involving persons with disabilities,among others, the view that the testimony of persons with disabilities do not have the force of law, the existence of communication problems with disabilities, especially deaf persons who require a sign language interpreter to express his statement as a witness. In the provisionof sign language interpreters are also experiencing problems. To the research conducted by reviewing the laws relating to the strength of the testimony of witness evidence deaf persons in criminal justice process to determine whether the statements of witnesses with a deaf have the same evidentiary strength values with anormal witness testimony and to know the dinamics of the examination of the witness deaf in criminal proceedings.the results of this research is that the witness testimony of deaf have the same strength of evidence that there are normal people because equality principle and the deaf sworn witness testimony that also strengthens. When the deaf require sign language interpreters, then its’s permissible for the deaf has the particularity to be met and translator also have to understand what is exressed by the deaf and translators also be sworn to tell the truth without the plus or minus. From this then judge who determines whether the caption deaf can be considered in making decisions. To the dynamics in the eximination is difficulty in communication between law enforcement officers with the deaf, no regulation regarding operating standards for law enforcement officer who are dealing with the deaf and the lack of rules and classifications for sign language interpreters also become dynamics.

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