The Evidential Strength of Psychiatric Visum et Repertum in Proving the Criminal Act of Molestery Against Children (Study of Ambon District Court Decision No: 40/Pid.Sus/2019/PN Amb)

Abstract

Evidence is an important stage in a trial. With evidence, it can be known whether a defendant can be sentenced because he is proven guilty or acquitted. This study aims to determine, analyze, and provide an overview of the legal force of one of the evidences regulated in Article 184 of the Criminal Procedure Code, namely Visum et Repertum Psychiatry which is associated with the Study of the Ambon District Court Decision No.: 40 / Pid.Sus / 2019 / PN Amb. The research method used by the author in this research is Juridical.Normative, namely research that uses an approach method to problems by studying the law based on applicable laws and regulations as positive provisions, legal theories, legal concepts, legal principles or can be said by researching and studying library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of the study show that considering the provisions of Article 183 of the Criminal Procedure Code, the important points are valid evidence and the judge's conviction and at least 2 (two) pieces of evidence are needed, then in the study of the Ambon District Court decision No.: 40 / Pid.Sus / 2019 / PN Amb regarding the crime of child molestation, Visum Et Repertum Psychiatricum is considered necessary to be carried out as evidence and is considered capable of creating a conviction in the judge in his decision, although in practice several obstacles are often encountered. The Public Prosecutor needs to be careful and competent in handling a similar case where if there is no or minimal evidence available, then in the future, Visum et Repertum Psychiatry can be used as evidence that is expected to convince the judge in making a decision.