Kedudukan Saksi Mahkota dalam Pemeriksaan Perkara Pidana pada Tindak Pidana Pencurian (Studi Terhadap Prespektif Hakim di Pengadilan Negeri Sukoharjo)
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Institusion
Universitas Muhammadiyah Surakarta
Author
Fatima, Wury
, Hartanto, S.H., M.Hum.
, Hartanto, S.H., M.Hum.
Subject
KI Indonesia
Datestamp
2022-05-20 04:06:18
Abstract :
This study aims to determine the perspective of the judge on the position of the crown witness in the examination of criminal cases in the crime of theft and the implementation of the position of the crown witness in the examination of criminal cases at the Sukoharjo District Court. This study uses an empirical juridical approach whose main data source is primary data, namely in the form of interviews with the parties involved in the trial of evidence using crown witnesses, while also using secondary data in the form of books and journals. The nature of this research is descriptive analytical using a qualitative approach. Data collection techniques were carried out by means of interviews, observations, and literature studies. Data analysis was carried out by examining the data that had been obtained, which was then described in the form of a narrative which was then linked to theories and laws and regulations in order to obtain answers to the problems of this research. From this study it was found that the position of the crown witness in examining criminal cases in the crime of theft at the Sukoharjo District Court, the crown witness is still relevant to be used as evidence, namely witness statements with at least two pieces of evidence, witnesses as regulated in article 1 number 26 of the Criminal Procedure Code are people who use give the interests of the investigation, prosecution and trial which he has heard, experienced, and seen for himself, but based on the empirical perspective of the witness, the crown is defined as a witness who comes from or is taken from one of the suspects or defendants who jointly commit a crime. The mechanism for filing crown witnesses is by separating the files or called splitsing.
This study aims to determine the perspective of the judge on the position of the crown witness in the examination of criminal cases in the crime of theft and the implementation of the position of the crown witness in the examination of criminal cases at the Sukoharjo District Court. This study uses an empirical juridical approach whose main data source is primary data, namely in the form of interviews with the parties involved in the trial of evidence using crown witnesses, while also using secondary data in the form of books and journals. The nature of this research is descriptive analytical using a qualitative approach. Data collection techniques were carried out by means of interviews, observations, and literature studies. Data analysis was carried out by examining the data that had been obtained, which was then described in the form of a narrative which was then linked to theories and laws and regulations in order to obtain answers to the problems of this research. From this study it was found that the position of the crown witness in examining criminal cases in the crime of theft at the Sukoharjo District Court, the crown witness is still relevant to be used as evidence, namely witness statements with at least two pieces of evidence, witnesses as regulated in article 1 number 26 of the Criminal Procedure Code are people who use give the interests of the investigation, prosecution and trial which he has heard, experienced, and seen for himself, but based on the empirical perspective of the witness, the crown is defined as a witness who comes from or is taken from one of the suspects or defendants who jointly commit a crime. The mechanism for filing crown witnesses is by separating the files or called splitsing.
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