Juridical Analysis of Witness Testimony De Auditu in the Case of Sexual Abuse of Minors

This study aims to juridically analyse the use of testimonial witness testimony de auditu in cases of sexual abuse of minors with a case study of case number 26/Pid. Sus/2024/PN Lbo. In the context of criminal law, testimonial witness testimony de auditu refers to a statement submitted by a witness regarding what he heard from another party, which cannot be used as direct valid evidence, but can provide relevant clues. This research examines the admissibility and influence of such testimony on evidence in cases of child sexual abuse, as well as its relevance in the Indonesian criminal justice system. The method used is Empirical approach by analysing legal practices, as well as related court decisions. The results showed that de auditu testimony has limitations in terms of evidentiary power, its use in cases of child sexual abuse, de auditu witness testimony should be accepted, but must be supplemented with additional evidence such as medical examinations, digital evidence, or witnesses who can confirm the event. Judges should prioritise the principles of caution, objectivity and fairness in evaluating such testimony, to ensure that the decision made is not only fair to the victim but also to the defendant.

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Publication Details

Journal
International Journal of Sociology and Law
Published
2024-12-22
DOI
https://doi.org/10.62951/ijsl.v2i1.311
Primary Topic
Legal and Social Justice Studies
Type
article
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article

Juridical Analysis of Witness Testimony De Auditu in the Case of Sexual Abuse of Minors

Roy Marthen Moonti, Yusrianto Kadir, Maria Arman, Muslim A. Kasim
International Journal of Sociology and Law
Legal and Social Justice Studies
article

Juridical Analysis of Witness Testimony De Auditu in the Case of Sexual Abuse of Minors

Roy Marthen Moonti, Yusrianto Kadir, Maria Arman, Muslim A. Kasim
article en

Abstract

This study aims to juridically analyse the use of testimonial witness testimony de auditu in cases of sexual abuse of minors with a case study of case number 26/Pid. Sus/2024/PN Lbo. In the context of criminal law, testimonial witness testimony de auditu refers to a statement submitted by a witness regarding what he heard from another party, which cannot be used as direct valid evidence, but can provide relevant clues. This research examines the admissibility and influence of such testimony on evidence in cases of child sexual abuse, as well as its relevance in the Indonesian criminal justice system. The method used is Empirical approach by analysing legal practices, as well as related court decisions. The results showed that de auditu testimony has limitations in terms of evidentiary power, its use in cases of child sexual abuse, de auditu witness testimony should be accepted, but must be supplemented with additional evidence such as medical examinations, digital evidence, or witnesses who can confirm the event. Judges should prioritise the principles of caution, objectivity and fairness in evaluating such testimony, to ensure that the decision made is not only fair to the victim but also to the defendant.

International Journal of Sociology and LawVol. 2(1)
Universitas Gorontalo
Gender equality, Peace, Justice and strong institutions
Openalex Percentile: Top 42%
Legal and Social Justice Studies
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Juridical Analysis of Witness Testimony De Auditu in the Case of Sexual Abuse of Minors — Roy Marthen Moonti, Yusrianto Kadir, et al. · International Journal of Sociology and Law (2024) | TGRS Research Map | TGRS