Testimonium De Auditu as a Basis for Judge’s Considerations in Deciding Immoral Criminal Cases

Abstract

The provisions of the Criminal Procedure Code (KUHAP) regulate limitations on evidence and witness testimony. The birth of Constitutional Court Decision Number 65/PUU-VIII/2010 has expanded the meaning of witness testimony to witnesses who do not have to hear, see, and experience directly a criminal event. However, this still shows the vagueness of the testimonium de auditu testimony witnesses, thus causing differences in perceptions for law enforcement officials in criminal proceedings. The purpose of this study is to determine the basis for judge’s considerations in deciding immoral crimes based on the existence of testimonium de auditu witness testimony in the evidentiary process. The method used in this study is juridical normatif with a case approach and a statute approach. The data used were sourced from laws, articles, books, and other legal materials relevant to this study. The results of this study show that the position of testimonium de auditu in the Criminal Procedure Code can only be used as additional evidence as a guide and the existence of Constitutional Court Decision Number 65/PUU-VIII/2010 is only used as a guideline for judges. However, the existence of testimonium de auditu is still used as clue evidence where judges in assessing and constructing the use of testimonium de auditu are adjusted to the provisions of Article 185 paragraph (6) of the Criminal Procedure Code based on the conditions of formil and material requirements including in deciding cases of immoral crimes.