Yusti Febryanti, Lalu Sabard, Lalu Parman

Abstract:

When a case of abuse occurs, of course the perpetrator will first make sure that no one sees the incident, so that if the victim later reports the case then in the proceedings, the victim does not have sufficient evidence to prove the defendant’s fault in court. In the provisions of Article 183 of the Criminal Procedure Code, “judges cannot impose a criminal offense on a person except if with at least two valid evidences”. The child’s statement is not a valid proof, because in giving his testimony the child is not sworn in accordance with the provisions of Article 160 paragraph (3) KUHAP. Based on this, the author wants to know the strength of the child witness testimony of victims of criminal acts of sexual abuse and the legal implications of the testimony of child victims’ witnesses in the examination of sexual abuse cases. This research is an empirical normative legal research, in which to examine research problems using a legislative, conceptual and case approach. The sources and types of legal materials used are primary, secondary and tertiary legal materials collected using documentary studies and interviews and analyzed by prescriptive analysis methods. The results of this study are, the statement of the child does not have the power of proof but if the information is in accordance with witness testimony or other evidence, then the statement will be used as additional evidence to corroborate other evidence in accordance with Article 185 paragraph (7) KUHAP.

Keywords: abuse of children, children, strength of children’s information

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