5 Evidence Of Criminal Cases According To The Criminal Procedure Code: Definition, Type, And Function In The Judicial Process

YOGYAKARTA - In the criminal justice system, evidence is the most important stage that determines the fate of a defendant. Judges should not impose a sentence on someone without valid and convincing evidence. Based on the legal principle, there must be at least two valid pieces of evidence so that the judge can pass a fair verdict.

Evidence is anything related to a criminal incident that is being investigated in court. This evidence serves to convince the judge whether or not an indictment is true against the defendant. With the valid evidence, the legal process becomes objective and avoids subjective judgments.

Law Number 8 of 1981 concerning the Criminal Procedure Law (KUHAP) has explicitly determined the type of legal evidence used in court. Based on Article 184 paragraph (1) of the Criminal Procedure Code, there are five pieces of evidence that are recognized, namely witness testimony, expert testimony, letters, instructions, and statements of the defendant.

The five pieces of evidence have different functions, values, and roles in proving a criminal case. Here's the explanation.

Witness testimony is the first piece of evidence mentioned in the Criminal Code and is most often used in criminal cases. Almost all criminal cases involve witness statements because witnesses are parties who see, hear, or experience the criminal incident themselves. Their testimony helped the panel of judges understand the chronology of events more clearly and accurately.

According to Article 1 number 27 of the Criminal Procedure Code, witness testimony is one of the evidences in a criminal case in the form of statements from witnesses regarding a criminal event that he himself heard, he saw and experienced himself by mentioning the reasons for his knowledge.

In order for the testimony to be considered valid, the witness must be sworn in in front of the court and the statement is delivered directly. In addition, at least two witnesses are needed so that the statement has sufficient legal force.

Apart from witnesses, judges also need information from an expert to clarify technical or scientific matters in criminal cases. According to Article 1 point 28 of the Criminal Procedure Code, expert testimony is a statement given by a person who has special skills about what is needed to make clear a criminal case for the purpose of examination.

Expert statements are often used in cases that require technical analysis, such as cases of forensics, finance, technology, or medicine. An expert is required to give an opinion based on his competence and professional experience. Expert information can be given in writing or verbally, depending on the need for examination.

In practice, expert opinion does not always bind judges, but serves as important considerations in deciding cases. Judges have the right to assess the extent to which expert statements are relevant and trustworthy. Therefore, the integrity and expertise of expert witnesses is an important factor in the evidentiary process.

The next piece of evidence is a letter. Explained in Article 187 of the Criminal Procedure Code, the letter can be in the form of an official document made by an authorized official or other document strengthened by an oath of office. These letters include minutes, official reports, expert certificates, and other documents related to a legal event.

Letters have strong proof power because they are written and can be verified legally. Official documents such as authentic deeds, forensic laboratory results, or state institution decisions can be used as valid evidence. In addition, technological developments also allow electronic mail (serel) to be recognized as evidence, in accordance with statutory provisions.

Guidelines are evidence sourced from the relationship between one fact and another related to a criminal act. Based on Article 188 of the Criminal Procedure Code, the instructions were obtained from the testimony of witnesses, letters, or statements of the accused who were interconnected and formed a match. This guide helps the judge find the material truth of an event.

Instructions can be in the form of actions, circumstances, or incidents that indicate that a criminal act really happened and who did it. For example, footprints at the scene, CCTV footage, or TKP results that match witness statements. All these elements can form logical conclusions for judges in assessing the truth.

The defendant's statement became the last piece of evidence as stipulated in Article 189 of the Criminal Procedure Code. This information is what the defendant stated in court regarding the actions he committed, knew, or experienced himself. The defendant's statement must also be conveyed before the trial.

The Criminal Procedure Code Article 52 confirms that the defendant has the right to provide information freely to investigators and judges without pressure from piha. This information can strengthen other evidence, but cannot stand alone as the only evidence. Therefore, the defendant's confession must be supported by at least one other piece of evidence so that it can be used in legal considerations.

The defendant's statement is often an important ingredient in understanding the motive or background of a criminal act. However, to maintain justice, the judge still had to assess whether the statement was truly honest and consistent with other evidence.

Five criminal evidence regulated in the Criminal Procedure Code above have a vital role in finding the truth of a case in court. The judge must use at least two valid pieces of evidence to decide. Thus, justice can be upheld based on valid evidence, not just an allegation or opinion.