The Evidentiary Power of Dementia Witnesses in Domestic Violence Cases

Abstract

The Indonesian criminal justice system often neglects crime victims, relegating them to mere witnesses needed for case substantiation, a consequence of its bias towards perpetrator protection. This disregard extends to vulnerable victims like those with dementia, whose cognitive limitations significantly hinder their courtroom testimony, posing challenges in recalling events and expressing themselves clearly. Consequently, the credibility and evidentiary value of their statements are compromised, exacerbating the social and psychological impacts on dementia sufferers. This research aims to address this issue by examining the evidentiary power of dementia witnesses in domestic violence cases within the Indonesian legal framework, drawing on theories of legal protection and certainty. Employing a normative juridical approach, the study analyzes the role of the Public Prosecutor in the evidentiary process and proposes regulatory frameworks to ensure the fair treatment and protection of vulnerable individuals within the criminal justice system.