ANALISIS KEDUDUKAN KETERANGAN KORBAN TERKAIT KEJAHATAN TERHADAP HARTA KEKAYAAN DALAM LINGKUNGAN KELUARGA: SEBUAH ANTINOMI ANTARA HUKUM MATERIL DENGAN FORMIL

Abstract

Crimes against property are crimes that can also occur within a family. The crimes against property within a family itself are materially a crime that has more specific rules as it is set forth under Article 367 and Article 376 of the Indonesia Criminal Code, that crimes committed within the scope of the family are crimes based on complaint. The position as a complainant has specifically placed the family as a victim as a basis for the law enforcement process of the crime against assets within a family. The legal standing of the family as the victim and the complainant as an important aspect determined by the material law is not adopted by formal law which is for the enforcement of the crime. In contrast to the Indonesia Criminal Code which places the family as an important aspect in the specificity of crimes against property in the scope of the family, Article 168 of the Indonesia Criminal Procedure Code provides a threat to the value of the evidence of the testimony given by witnesses who have family relations with the perpetrators. The antinomy that exists between material and formal law then underlies two legal issues, which is about the position of witness testimony in the evidentiary procedure of criminal law in Indonesia and the position of victim testimony related to crimes against property in a family in Indonesia. Keywords: Crime against property within a family: witness testimony; value of the evidence/an evidence; evidences