Role Of Visum Et Revertum And Provision In The Process Of Civil Action And Proposal Of Coveration (Study Resolution Number 50/Pid.Sus-Kids/2023/Pt Medan)

Authors

  • Gusria Amara Law Faculty of Labuhanbatu University
  • Risdalina Siregar Law Faculty of Labuhanbatu University
  • Indra Kumala Sari Munthe Law Faculty of Labuhanbatu University

DOI:

https://doi.org/10.38035/jlph.v4i3.326

Keywords:

Visa et Revertum, Criminal Proceedings, So on

Abstract

Proof is the most important thing in the judicial process, it is used to find the material truth that is the complete truth of a criminal case. In proof there are various means of proof such as testimony of witnesses, expert testimonies, letters, instructions, and indictments of the accused. In criminal acts of persecution, asylum, and murder, visum et repertum is often used as a means of proof in its proof. The study aims to identify and analyze the role of visum et repertum (ver) in the proof of a criminal offence under the Code of Criminal Procedure Law (KUHAP), and the function of visa et repertrum (ver), in the study of judgment No. 50/pid.sus-anak/2023/pt field). This research includes a type of normative jurisprudence that is supported by empirical research to obtain accurate or valid data. Based on the research carried out on the case study of judgment No. 50/PID.SUS-ANAK/2023/PT MEDAN) No.1267/ PID/B/2010/PN.JKT.BAR, it is a legal proof tool that has a connection to the judge in particular in decision-making. Nevertheless, the judge is free to judge the truth contained in the evidence of a letter issued by such an expert. Therefore, in deciding a matter, return to the judge himself, which is to be based on the reasoning and consideration of the law. Furthermore, as one of the means of proof referred to in article 184, paragraph (1) of the Covenant, the visa et repertum shall be the discretion of the judge and shall be used as a guideline or as a grip in delivering a sentence against the offender. For in the testimony of the expert, the testimony of the judiciary called Visum et repertum, so clearly described what really is the cause of a crime, whether it is persecution, serious injuries if resulting in death.

References

Ali, I., & Sulfiati, A. (2023). Visa et Repertum as proof in prosecution of persecution. Legal Journal of Law, 2(1), 43-55.

Andi Hamzah. 2014. Criminal Procedure Law of Indonesia, Ghalia Indonesia, Jakarta Kadarwati, S.A. A. 2018. Assessment of Visa et Repertum as a tool for proof of letters in trial and consideration of judges in bringing down criminal sentences against perpetrators of planned murder (Case Study Judgment No. 524/Pid. B/2015/PN. Sim). Verstek, six.(2).

Criminal Procedure Law (KUHAP) KUHAP and KUHP. 2013. Sinar Graphics, Jakarta.

Michael Barama. 2023. Position of Visum et Repertum in the Law of Evidence, Paper, 2011, accessed on December 29, 2023.

Nisa, Y. K., & Krisnan, J. (2015). The power of Visa et Repertum as evidence in revealing criminal acts. Varia Justicia, 11(2), 185-199.

DECISION No. 50/PID.SUS-KIDS/2023/PT MEDAN R. Atang Ranoemihardja. 1983. Forensic Science Second Edition, Tarsito, Bandung Visum et Repertum, On Living Victims, accessed from https://dediafandi.staff.unri.ac.id on January 2, 2023 Y.A. Triana Ohoiwutun 2016. Forensics (Interaction and Dependency of Law on Medical Sciences), Tree of Light, Yogyakarta

Published

2024-03-18

How to Cite

Gusria Amara, Risdalina Siregar, & Indra Kumala Sari Munthe. (2024). Role Of Visum Et Revertum And Provision In The Process Of Civil Action And Proposal Of Coveration (Study Resolution Number 50/Pid.Sus-Kids/2023/Pt Medan). Journal of Law, Politic and Humanities, 4(3), 155–164. https://doi.org/10.38035/jlph.v4i3.326