KEABSAHAN KETERANGAN SAKSI MELALUI TELECONFERENCE DALAM PEMBUKTIAN DI PERSIDANGAN PIDANA
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Date
2013-03-16
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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).
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Keywords
legality, teleconference