Strength of provision and law protection of children's witnesses

Rahmida Erliyani

doi:10.20525/ijrbs.v9i3.672

Abstract

The purpose of this study is to explain the concept of a child witness according to the criminal evidence proving law, and how the protection for children as a witness, as well as how the strength of evidence of child testimony in the criminal justice system. This research is normative legal research that focuses on secondary data by describing the execution of religious courts in regulating child custody cases. The type of data used is the type of primary data and secondary data. Analysis of the data used is a qualitative way with the legislation approach, case approach, and analysis approach. The results showed that the concept of a child's Witness does not qualify as valid witness evidence. Children as Witnesses are entitled to receive legal protection as regulated in the Child Protection Act and the Criminal Justice System for Children and the Witness and Victim Protection Act. The strength of proof of a child's testimony only has value if it is connected with other evidence.

Highlights

Children who are witnesses must receive legal protection. This is motivated by a number of things, namely first by paying attention to the child's mental development if later the child who witnesses it is difficult to communicate with the outside world, and eventually do not dare to leave the house, and are not confident, or traumatic for the child
A child who has been a witness of a crime is feared to imitate the behavior he sees so that there is a possibility that the child if he can become a criminal offense
Children who are victims feel that when they grow up, children their age must feel what the victim felt when he was a child, a kind of traumatic impact that lasts until he is an adult

Summary

Introduction

Children who are witnesses must receive legal protection. This is motivated by a number of things, namely first by paying attention to the child's mental development if later the child who witnesses it is difficult to communicate with the outside world, and eventually do not dare to leave the house, and are not confident, or traumatic for the child. This study aims to explain the concept of a child witness according to the criminal evidence proving law. This paper seeks answers on the protection for children as a witnesses, as well as evaluation of the strength of evidence of child testimony in the criminal justice system. According to the Criminal Procedure Code the information provided by children is not valuable as evidence of legal witness testimony, but their information can be used as a guide only, as explained in the explanation of Article 171 of the Criminal Procedure Code. There are several examples of cases where the judge accepts and considers the information given by the child witness and convicts the convicted person, which is contained in the Decision of the Pekanbaru District Court Number 615 / Pid. Sus / 2016 / PN. Based on the background of the problem above, the problem examined in this paper is how is the concept of a child witness according to the criminal evidence proving law? And how is the protection for children as a witnesses, as well as how the strength of evidence of child testimony in the criminal justice system?

Information Requirements as Evidence

The child witness concept

Child protection as a witness

Strength of child witness evidence

Conclusions