Application of Child Witness Statements in Evidential Examinations in Criminal Cases

Abstract

Children are a vulnerable group that requires special protection, including in the criminal law process. This study aims to analyze the enactment of child witness testimony in the examination of criminal case evidence. The research method used in this research is empirical juridical research. The data collection technique in this research is a literature study exploring journals, books, laws, and other relevant information. The data that has been collected is then analyzed using three stages, namely data reduction, data presentation, and conclusion drawing. The results showed that the enactment of child witness testimony in examining criminal case evidence is essential in the investigation, prosecution, and trial examination. However, Article 171 of the Criminal Procedure Code states that children who are not yet 15 years old and have never been married may be examined to provide information but may not be sworn in. The Testimony of minors is considered incompletely accountable in criminal law. Therefore, they cannot be taken under oath or promise, and the Testimony of child witnesses is only used as guidance. This is by the provisions of Article 185 paragraph (7) of the Criminal Procedure Code, which states that the Testimony of witnesses who are not sworn in, even if it is by one another, does not constitute evidence. However, the Testimony is the Testimony of a sworn witness. In that case, it can be used as an addition to other legal evidence.