EKSISTENSI SAKSI MAHKOTA KAITANNYA DENGAN SPLITSING DALAM PEMBUKTIAN PERKARA PIDANA
Abstract: Crown witness is a
testimony provided by a defendant used as a witness interchangeably or a
defendant who becomes a witness for another defendant in the separate trial dockets
(splitsing) where the crime is an inclusion offense. The existence of this
crown witness is not strictly regulated in KUHAP, so that causing many
juridical problems. On one side the existence of crown witness can be justified
since the objective is to achieve sense of public justice. But in the other
side the existence of crown witness is not justified because it contradicts
with the rights and sense of justice of the defendant. Even the perception’s
differences regarding crown witness also appear in a variety of jurisprudences
of the Supreme Court’s decisions of Republic of Indonesia.
Keywords: splitsing, crown
witness, evidence, criminal case
Penulis: Sang Ayu Ditapraja
Adipatni, I Wayan Sutarajaya, I Wayan Bela Siki Layang
Kode Jurnal: jphukumdd120144
