TINJAUAN YURIDIS KEKUATAN PEMBUKTIAN SAKSI UNUS TESTIS NULLUS TESTIS DALAM PERKARA ASUSILA TERHADAP ANAK (Studi Putusan PN Cibadak No. 449/Pid.Sus/2021/PN Cbd dan Putusan PN Manado No. 394/Pid.Sus/2019/PN Mnd)
Daftar Isi:
- This research is motivated by the high level of sexual violence against minors, especially in Sukabumi Regency. For the sake of releasing lust, often cases of sexual violence against minors are committed by adults. As an immature figure, children do not yet have responsibilities. Children are legally obliged to protect their rights so that they can grow and develop normally and do not receive discriminatory treatment. Children cannot yet become witnesses in court materially, but in existing criminal justice practices, children can act as witnesses or victims' witnesses. immoral crime that occurred. In the theory of proof of criminal procedural law, there is the principle of Unus Testis Nullus Testis which means that one witness is not a witness. To be straightforward in proving a legal event, whether in the criminal or civil realm, requires a minimum of two witnesses. This research was carried out in Sukabumi Regency, precisely at the Sukabumi District Attorney's Office. Sources of data used in this study are the results of interviews and literature study. This type of research is normative law where the focus of this research is on norms and legal materials as data. This study will answer the question of how the position of the child victim witness in the trial, as well as other elements that are considered in the trial process.