Asas Unus Testis Nullus Testis dalam Tindak Pidana Pemerkosaan Anak

Abstract

Proving a rape crime against children shall have valid evidences. The proof aims to find the truth material in order to prove whether the perpetrator was guilty or not. Even though in  proving a  rape crime, the  judges considered that there is  only one valid testimony from the witness yet the other evidences are not support it, it is clear that it would be considered by the judges which could effected the judge’s decision. There are two issues that will be discussed in this thesis, firstly regarding the unus testis nulus testis principle in rape criminals of children and the proof of rape crime against children by using one witness (unus testis nullus testis). The methods of this research used are normative approach and conceptual approach. The witness’ testimony in the hearing process is the main evidence as the judge’s considerations. In the criminal procedure law, the evidentiary process is required by means of presenting witnesses and by the support of other evidence. Regarding of this rape crime against children, besides using testimony from the witness, it is necessary to support other evidence such as the results of visum et repertum which is useful to prove that a crime has occurred. When there only one valid testimony from the witness, it must be followed by other valid evidence to strengthen the witness’s statement. Therefore, if there is only have one supported witness’s testimony to prove a rape crime against children it could not prove the criminal was occur.