Juridical Analysis of Testimonies of Underage Children in Perspective of Criminal Procedures

Abstract

This research was conducted to find out how the position of minors as witnesses in criminal procedural law and how the legal protection of minors as witnesses in a criminal act. By using the normative juridical research method, it can be concluded: 1. The position of minors as witnesses according to the criminal procedure law is not a valid evidence, and also does not have the power of proof, but the information can be used to strengthen the judge's belief and can be used as a guide as stated is in the explanation. Therefore, the value of the information given without an oath is in agreement with the others. Not having the power of proof does not mean that it cannot be considered, however, the information can be used in addition to perfecting the strength of proof of valid evidence, for example, it can strengthen the judge's conviction or be used as a guide. Whereas in the criminal justice system, children recognize witnesses as child witnesses who explain that the witness is a child who hears, sees and experiences himself. 2. Legal protection for minors as witnesses of a criminal act is quite good and supports a reshuffle of thought to provide opportunities and confidence for children to be able to testify in court. Protection of child witnesses involves all parties related to child protection regarding the rights of child witnesses which are clearly regulated in Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. Following are the provisions for child protection contained in other statutory provisions, namely Law no. 35 of 2014 concerning Child Protection, Law no. 22 of 2007 concerning the Elimination of Domestic Violence, Law no. 13 of 2006 concerning the Protection of Witnesses and Victims. Institutions related to the protection of child witnesses are carried out by the Witness and Victim Protection Agency and the Child Protection Commission as well as the Special Child Development Institute, the Temporary Child Placement Institution and the Social Welfare Organization.