KAJIAN TERHADAP IMPLIKASI PENGABAIAN BUKTI VISUM ET REPERTUM OLEH JUDEX FACTIE DALAM TINDAK PIDANA PERKOSAAN

Mahendra, Antonio Louis (2024) KAJIAN TERHADAP IMPLIKASI PENGABAIAN BUKTI VISUM ET REPERTUM OLEH JUDEX FACTIE DALAM TINDAK PIDANA PERKOSAAN. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

The crime of rape is considered against the norm because it is committed by forcing a person (woman) to have sex outside of marriage. This case has attracted public attention due to the high number of victims, especially women. To prove the occurrence of rape, evidence is needed to convince the judge that the defendant has legitimately committed the crime. The visum et repertum is considered an important piece of evidence in rape cases. The author of this thesis raises the issue of the neglect of visum et repertum evidence by the judex factie in verdict No. 992 K/Pid/2020 which has a major effect on the final verdict. The research method used is Normative Legal Research, which focuses on principles, theories, and legal literature. The results showed that the visum et repertum was not used as evidence in the verdict. Judges should not ignore the visum et repertum, as it can help explain whether rape actually occurred. In conclusion, the visum et repertum was ignored by the judge, even though it should have been used as evidence to prove whether rape occurred, in accordance with Article 187 Paragraph c of the Criminal Procedure Code.

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