Psikologi Forensik Sebagai Sarana Pembuktian Perkara Pencabulan Anak

Proof in cases of sexual abuse requires a report from forensic psychological examination. It is deemed necessary because the act of abuse does not leave physical traces and its impact is more psychological on the victim. Moreover, when the perpetrator is someone close to the victim, it adds to the level of trauma experienced by the victim. This research employs empirical methods, including interviews with Public Prosecutors in the field of General Crime at the Public Prosecutor's Office of Batu, observation, and analysis of legal documents. This study elucidates that in positive Indonesian law, forensic psychological reports can serve as valid evidence, both as documentary evidence and expert testimony, and can also serve as guidance if the defendant denies the accusations. Furthermore, it explains the relevance of the Judge to this report, evident when the Judge receives and considers its findings, supported by at least one other piece of evidence and the Judge's conviction of the defendant's guilt before imposing criminal sanctions.

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Publication Details

Journal
Legal Spirit
Published
2024-11-28
DOI
https://doi.org/10.31328/ls.v8i3.5581
Primary Topic
Legal and Social Justice Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Psikologi Forensik Sebagai Sarana Pembuktian Perkara Pencabulan Anak

Eka Nanda Ravizki, Alfiya Damayanti
Legal Spirit
Legal and Social Justice Studies
article

Psikologi Forensik Sebagai Sarana Pembuktian Perkara Pencabulan Anak

Eka Nanda Ravizki, Alfiya Damayanti
article en

Abstract

Proof in cases of sexual abuse requires a report from forensic psychological examination. It is deemed necessary because the act of abuse does not leave physical traces and its impact is more psychological on the victim. Moreover, when the perpetrator is someone close to the victim, it adds to the level of trauma experienced by the victim. This research employs empirical methods, including interviews with Public Prosecutors in the field of General Crime at the Public Prosecutor's Office of Batu, observation, and analysis of legal documents. This study elucidates that in positive Indonesian law, forensic psychological reports can serve as valid evidence, both as documentary evidence and expert testimony, and can also serve as guidance if the defendant denies the accusations. Furthermore, it explains the relevance of the Judge to this report, evident when the Judge receives and considers its findings, supported by at least one other piece of evidence and the Judge's conviction of the defendant's guilt before imposing criminal sanctions.

Legal SpiritVol. 8(3)
University of Pembangunan Nasional Veteran Jawa Timur (ID)
Gender equality, Peace, Justice and strong institutions
Openalex Percentile: Top 60%
Legal and Social Justice Studies
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