REKAMAN CLOSED CIRCUIT TELEVISION DALAM PEMBUKTIAN TINDAK PIDANA DI INDONESIA

MUBAROK, AKH SYAIFUL (2017) REKAMAN CLOSED CIRCUIT TELEVISION DALAM PEMBUKTIAN TINDAK PIDANA DI INDONESIA. Other thesis, Untag Surabaya.

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Abstract

In the development of law enforcement, the application of electronic technology including CCTV recorder has a very important role for the proof and disclosure of criminal acts if CCTV can record a criminal act. However, in the Criminal Procedure Code, CCTV recordings have not been explicitly regulated as legal evidence as provided for in article 184 of KUHAP which is witness testimony, expert statement, letter, guidance and description of defendant. So in the trial much debated about the position and strength of CCTV recordings in the process of proof. From these problems, this study will examine the position and strength of CCTV records in the proving of criminal offenses in Indonesia. By normative juridical research method and using approach of Legislation, Conceptual Approach as well as case approach which sourced from primary and secondary legal material. Based on the results of this study, it was found that based on the theory of the objective of law to achieve justice and also kemanfatan, indicating that CCTV recordings can be a legal evidence in the form of instructions by meeting the formal and material requirements that led to the judge's conviction. This is also confirmed by some judges' considerations in the Decision of the Malang District Court Number: 612 / Pid.B / 2013 / PN Mlg and Decision of the Makassar High Court Number 64 / PID / 2016 / PT.MKS. While the power of recording CCTV as a valid evidence is the same as other legal evidence because in the Criminal Procedure Code is not regulated related to the hierarchy of evidence, according to the judge's judgment with free verification.

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