The Juridical Review of Legal Position of Witness Testimonium De Auditu in the Criminal Justice System

Abstract

The purpose of this research is to find out the Position of the Witness Testimonium De Auditu in the Criminal Justice System and to know the trength of evidence of witness Testimonium de Auditu as evidence in criminal procedural law. Sthe specification of this research is normative juridical. The results of this study indicate thatThe existence (existence) of witness Testimonium de Auditu related to the strength of evidence in criminal cases in Indonesia, both before and after the decision Number MK 65/PUU-VIII/2010 does not have binding legal force on the judge's consideration in deciding a criminal case in Indonesia. Legal standing, the strength of proving witness testimony, Testimonium de Auditu or hearsay evidence as valid evidence after the Constitutional Court Decision Number: 65/PUU-VIII/2010 so that it can be applied more effectively in the process of investigation, prosecution and trial, an indication of reliable reliability is needed sufficient, has binding legal force and contains fair considerations. There are still many differences in the views of the judges in giving their considerations regarding the evidence of witness Testimonium de Auditu, so that this does not provide legal certainty to the position of witness Testimonium de Auditu.