The Probative Power of Visum et Repertum in the Examination of Assault Criminal Cases (Analysis of Supreme Court Decision Number: 129 K/Pid/2021)

Abstract

This study aims to analyze the evidentiary strength of visum et repertum in the examination of criminal assault cases, with a focus on Cassation Decision Number 129 K/Pid/2021. Visum et repertum is one of the documentary evidence tools that holds a strategic position in the Indonesian criminal justice system, as regulated in Article 184 paragraph (1) letter c of the Criminal Procedure Code (KUHAP). The type of research used is empirical legal research with a qualitative approach. Primary data were obtained through interviews with law enforcement officers and observations of the judicial process, while secondary data were obtained from literature studies on legislation, legal literature, scientific journals, and court decision documents. Research results indicate that a visum et repertum has legitimate evidentiary power as documentary evidence and can also function as expert testimony if the doctor who prepared the visum is present in court to provide an explanation. In the context of assault cases, the visum et repertum serves as an important basis for proving the existence of injuries or physical consequences arising from the defendant's actions. However, its evidentiary value is relative and does not stand alone, as it must still be correlated with other evidence, such as witness statements and the defendant's testimony. In the case of Supreme Court Decision Number 129 K/Pid/2021, the results of the visum et repertum were considered inconsistent with the testimony of witnesses in court, particularly regarding the location and type of injuries suffered by the victim. These discrepancies caused the element of assault in the Public Prosecutor's charges to be unable to be proven legally and convincingly. Thus, the visum et repertum functions as support for the judge's conviction, not as the sole determinant in rendering a verdict. This study emphasizes the importance of closer coordination between investigators, forensic doctors, prosecutors, and judges in the evidentiary process of assault cases so that the results of the visum et repertum truly reflect the factual condition of the victim and have maximum probative value. Keywords: Visum Et Repertum, Evidence, Abuse, Criminal Evidence, Cassation Decision, Legal Certainty.