Akibat Hukum Perbedaan Hasil Dua Visum et Repertum dalam Pembuktian Perkara Pidana di Indonesia. (Legal Effects of the Difference in Results of Two Visum et Repertum in Proving Criminal Cases in Indonesia).

Firmansyah, Muhammad (2023) Akibat Hukum Perbedaan Hasil Dua Visum et Repertum dalam Pembuktian Perkara Pidana di Indonesia. (Legal Effects of the Difference in Results of Two Visum et Repertum in Proving Criminal Cases in Indonesia). Undergraduate thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

This research aims to examine the legal consequences of differences in the results of two visum et repertum in proving criminal cases in Indonesia. This research uses normative legal research. The approach used in this research is a statutory approach and a conceptual approach. The results of this research show the importance of evidence in criminal cases to find material truths based on the principles of criminal procedural law in Indonesia. In criminal cases, what is firmly held is "in criminalibus probantiones bedent esse luce clariores" the evidence in criminal cases must be clearer than light. If in a criminal case discrepancies are found in the results of the visum et repertum, there will be legal uncertainty in determining which law enforcement officers will be used as benchmarks in determining valid evidence in accordance with the provisions of the Criminal Procedure Code. Making a visum et repertum must also fulfill the formal and material requirements regarding the procedures that must be fulfilled as stated in the Chief of Police's instructions Number: INS/E/20/IX/75 concerning procedures for making a visum et repertum and revocation. Visum et repertum is very necessary to find the cause and effect of a criminal act. Visum et repertum is included in documentary evidence and also expert testimony. Documentary evidence is made by forensic experts who are experts in their field and have been sworn in. Meanwhile, expert testimony evidence is used during evidence in the criminal case trial process where an expert who is competent in their field is invited to explain in detail and clearly the contents of the visum et repertum letter that he or she has prepared. The function of visum et repertum in proving criminal cases is as valid evidence, as proof of the suspect's detention during the investigation stage, as material for the judge's consideration in determining the decision. There are several criminal acts that require proof of post mortem et repertum to clearly determine the cause and effect of the criminal act, namely the perpetrator of the criminal act who suffers from a mental disorder, knowing the age of the victim or perpetrator of the crime, crimes against morality, crimes against life, abuse, and negligence that results in the death of a person or other people's injuries. Therefore, visum et repertum in proving criminal cases in Indonesia is very important to determine the cause and effect of a criminal act that occurred as well as to find facts and look for the material truth of a criminal act which relates to the relationship between the act and the consequences of the act.

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