KEABSAHAN KETERANGAN SAKSI MELALUI TELECONFERENCE DALAM PEMBUKTIAN DI PERSIDANGAN PIDANA

Abstract

One of the fundamental changes in the Criminal Procedure Code was in the placement of some of the evidence in the form of electronic records in a criminal offense in addition it has also introduced a way remote examination of a witness by using multimedia technology, known as teleconference or videoconference. The use of teleconference technology is not fully approved by experts and legal practitioners in Indonesia. That is because there is not currently a legal agreement of the legal profession to establish a provision stating that a witness' testimony in the form of a teleconference can be used as legal evidence in court can be equated with direct testimony in court. This is the reason the authors are interested in doing this research. The purpose of this study was to determine how Legitimacy Through Teleconference Witness Testimony in Evidence in criminal trial and how the condition of the receipt of the teleconference testimony in criminal proceedings.This research is normative research which this research in terms of the legislation in Indonesia. And the law is that the source material sukender legal materials consisting of primary legal materials, legal materials secondary, tertiary legal materials. Then the data were analyzed by descriptive qualitative analysis of data obtained from secondary legal materials. The survey results revealed that the use of media teleconference in the examination at the trial to be valid if the judge issued a determination specifically for the implementation of the teleconference. This means that the process of giving testimony via teleconference can not automatically be used as the most directly applicable. Thus, witness testimony can be used as valid evidence in court with a variety of considerations and reasons for the need for the provision of witness testimony via teleconference in search of material truth is the goal of criminal procedural law. Terms receipt teleconference testimony in criminal trials is the use of teleconference in this case has presented a detailed picture and clear sound quality without interference (noice) which, in principle, the presence of a witness before the court referred to the physical well met by using a teleconference, with sworn first, containing about a specific event that he heard, he saw and experienced it myself (Nontestimonium de Auditu).