Mahendra, Antonio Louis (2024) KAJIAN TERHADAP IMPLIKASI PENGABAIAN BUKTI VISUM ET REPERTUM OLEH JUDEX FACTIE DALAM TINDAK PIDANA PERKOSAAN. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.
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Abstract
The crime of rape is considered against the norm because it is committed by forcing
a person (woman) to have sex outside of marriage. This case has attracted public
attention due to the high number of victims, especially women. To prove the
occurrence of rape, evidence is needed to convince the judge that the defendant has
legitimately committed the crime. The visum et repertum is considered an important
piece of evidence in rape cases. The author of this thesis raises the issue of the
neglect of visum et repertum evidence by the judex factie in verdict No. 992
K/Pid/2020 which has a major effect on the final verdict. The research method used
is Normative Legal Research, which focuses on principles, theories, and legal
literature. The results showed that the visum et repertum was not used as evidence
in the verdict. Judges should not ignore the visum et repertum, as it can help explain
whether rape actually occurred. In conclusion, the visum et repertum was ignored
by the judge, even though it should have been used as evidence to prove whether
rape occurred, in accordance with Article 187 Paragraph c of the Criminal Procedure Code.
| Item Type: | Thesis (S1) |
|---|---|
| Uncontrolled Keywords: | Evidence, Crime of Rape, Visum et repertum |
| Subjects: | Ilmu Hukum > Peradilan dan Penyelesaian Sengketa Hukum |
| Divisions: | Fakultas Hukum > Program Studi Ilmu Hukum |
| Date Deposited: | 19 Feb 2025 04:07 |
| Last Modified: | 19 Feb 2025 04:07 |
| URI: | https://repository.uajy.ac.id/id/eprint/33452 |
