Analisis Yuridis Keabsahan Pembuktian Saksi Testimonium De Auditu dalam Tindak Pidana Pelecehan Seksual Anak (Studi Putusan Banding Nomor 152/Pid/2015/PT. Dki J.o Putusan Kasasi Nomor 2658 K/Pid.Sus/2015)

Abstract

Testimonium de Auditu evidence, acccording to KUHP (the civil code), is prohobited because it is not concerned with the event undergone, seen or heard by oneself. However, its validity is renewed after the issuance of the Constitutional Court Ruling No. 65/PUU-VIII/2010 and the validation of Law No. 12/2022 on sexual harassment criminal offense. Nevertheless, there is still dissenting opinion among law enforcemnet officials concerning the validity of Testimonium de Auditu evidence. The reserach problems are as follows: How about its validity in the legal provisions in Indonesia, and how about judge’s legal consideration about Testimonium de Auditu evidence in the ruling No. 152/Pid/2015/PT. DKI in conjunction with ruling No. 2658 K/Pid. Sus/ 2015. The research method used in this research is normative juridical, which is research conducted based on primary legal materials such as books, journals, and laws by examining theories, concepts, principles, and laws and regulations with a literature approach.The results of the research shows that the validity of Testimonium de Auditu evidence has been renewed, commencing from guidelines to supporting evidence for a witness testimony whioch can only be obtained from a victim witness in sexual harassment criminal offense. However, there is still dissenting opnion among the law enforcement officias concerning Testimonium de Auditu evidence.