KEYAKINAN HAKIM BERDASARKAN ALAT BUKTI YANG CUKUP UNTUK MENJATUHKAN SANKSI PIDANA DALAM TINDAK PIDANA KDRT

LEBA, EFREM LUXIANO LADO (2013) KEYAKINAN HAKIM BERDASARKAN ALAT BUKTI YANG CUKUP UNTUK MENJATUHKAN SANKSI PIDANA DALAM TINDAK PIDANA KDRT. S1 thesis, UAJY.

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Abstract

Authentication System in Indonesian Criminal Justice is adopting Negative evidence system. This evidence system is a combination of the two extremely conflicting system , they are combination between evidence system according to The Law and evidence system by the Judge’s Conviction merely. Judge’s Conviction are subjective, that every Judge who prosecuted a case verdict can be different or same as another judge's verdict ruling in the case of the same criteria despite having to refer to at least two items of evidence legally and convincingly proven the existence of unlawful conduct. Meanwhile, a judge in the duties and authorities adjudicate, he shall be required to seriously base the decision on the principle of free from external influences, honest and impartial. In cases criminal offense of the domestic violence are often faced with the limitations of the legal evidence and the the power of proof is very feeble, such as 1) emotional violence: does a person must depressed while testifying, and 2) physical violence: the visum is attested in violence last performed, while the previously violence difficult to proof. The weakness evidence could lead a judge to be not sure of the charges made, that can cause the defendant free from all charges according to the principle of no punishment without fault. To be achieved of this legal writing is to know how the judge obtain conviction and to know the barrier that he faced in gaining the conviction especially when faced with the sufficient evidence in a criminal offense of the domestic violence. In this legal writing using empirical research methods, namely the method of direct interview to the informant with the purpose to solve the problems described above. In addressing the limitations of particular evidence in criminal offence of the domestic violence, a judge can confidently establish whether or not the defendant with respect to the other supporting factors for judge's considerations, that are legally ideological, that can only approach in the judicial practice but still refers to the evidence provisions in the KUHAP. The barriers from gaining the conviction still often faced by the judge, especially coming from the victim witness.

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