Proving the Crime of Adultery Based on Evidence (Court Decision Study Number: 90/Pid.B/2015/PN.Unr)

Abstract

The crime of adultery in its proof requires carefulness and thoroughness by the panel of judges so that the case becomes clear. Material evidence in criminal law requires the judge in examining the crime of adultery to find agreement between the examination of witnesses, documentary evidence and the defendant's statement because in practice adultery is committed only between men and women in a closed room. The approach method used by normative juridical is a legal research method that is used referring to existing literature studies or secondary data and aims to obtain normative knowledge about the relationship between one regulation and another and its application in practice. The research results show Guidance Evidence as the basis for proving the elements of the offense of adultery in court decision number: 90/pid.b/2015/pn.unr. used to form the judge's belief that a crime of adultery has occurred and the defendant was the one who committed it based on the logical correspondence and relationship between each fact and the element of adultery to be proven, or based on the relationship between one piece of evidence and other pieces of evidence that are consistent with each other. Its use is determined based on the fact that the two defendants were together at the same time and place and that a contraceptive device containing semen from Witness VI was found and the indicative evidence can have evidentiary power to prove the elements of the offense of adultery in court decision number: 90/pid.b/ 2015/pn.unr. As a basis for proving the element of adultery or sexual intercourse, it must meet 2 (two) aspects, namely the formal and material aspects. The formal aspects that must be fulfilled are: first, there is other evidence that is used to prove the offense of adultery but it does not meet the minimum threshold of proof. Meanwhile, the material aspects that must be fulfilled are as follows. First, there are several facts in the form of corresponding actions, events or circumstances, which show that a criminal act has occurred, show that the defendant committed it, and show that the defendant is guilty of committing the crime, which can be proven based on valid evidence.