TESTIMONIUM DE АUDITU AS INDICATIVE EVIDENCE IN THE PERSPECTIVE OF REFORMING INDONESIACRIMINAL PROCEDURAL CODE
Journal: International Journal of Arts and Social Science (Vol.4, No. 2)Publication Date: 2021-04-30
Authors : Yanels Garsione Damanik Abdul Madjid Aan Eko Widiarto;
Page : 12-148
Keywords : -Testimonium De Auditu; Relevance of evidence; Integrated Criminal Justice System;
Abstract
: The fact that there are still many decisions that consider the testimony of de audited witnesses, has become a very long debate among academics, especially regarding the acceptance of de audited witnesses referring to the Federal Rules of Evidence in the United States, which is the latest breakthrough regarding the use of de audited witnesses, namely through exceptions of de auditu witnesses or exceptions of hearsay. The research method used in this case is through a normative juridical approach and the approach is divided through several approaches, namely the statutory approach, the case law approach, the conceptual approach, and the comparative law approach. then analyzed qualitatively, namely data analysis by analyzing, interpreting, drawing conclusions. The results of the study show that the existence of the Constitutional Court decision number 65 / PUU-VIII / 2010 paved the way for de auditu witnesses to testify in court through indication evidence.
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