Kekuatan Pembuktian Dalam Persidangan Perkara Pidana Secara Elektronik

Abstract

The verification process in Decision Number: 100/PID.B/2020/PN.Bkt is carried out electronically. The legal basis used is PERMA Number 4 of 2020. The implementation of the electronic trial will become a legal problem because the evidence presented in the trial cannot be seen or heard directly by the judge. Whereas the agenda of examining evidence in a criminal trial is the most important part to determine whether a person is guilty or not having committed a crime. This research is a descriptive study using a normative juridical approach. Using primary data and secondary data and data analysis was carried out qualitatively. The strength of evidence in the trial of criminal cases electronically in Decision Number: 100/PID.B/2020/PN.Bkt is already strong. The strength of evidence for Decision Number: 100/PID.B/2020/PN.Bkt is assessed from the evidence presented at the trial, namely witness statements, defendants' statements and evidence of clues found in court facts. The testimony of the witness and the testimony of the defendant have been witnessed and heard in the trial as an effort to find a connection that a crime has occurred. The judge's confidence in the evidence in proving the trial of criminal cases electronically is formed with an effort to examine and test the evidence, namely evidence of witness testimony and testimony of the defendant recorded with direct statements from witnesses and defendants. The author did not find data indicating that there were differences in the judges' beliefs in in-person trials or in electronic trials.