Reformulation of Article 185 Paragraph 1 Indonesia Criminal Procedure Code Related to Legal Certainty of the Use De Auditu Witnesses as a Legislative Evidence

Abstract

The juridical implication of the emergence of the Constitutional Court Decision Number 65/PUU-VIII/2010 is expanding the meaning of witness. However, related to this, some things appear to be big problems related to legal certainty in the use of de auditu witnesses. Meanwhile, in the Criminal Procedure Code, the use of de auditu witnesses is very much against Article 185 paragraph 1 and its explanations. This research is normative legal research with approaches through the statue, cases, conceptual, comparative approaches and by using analytical techniques, namely teleological interpretation, and extensive interpretation and in this normative legal research approach using legal certainty theory, legal hierarchy theory, and relevance theory in evidence whose purpose is to find answers regarding that, in fact, testimonium de auditu can be used in criminal justice in Indonesia with the conditions specified in the decision of the constitutional court and the conditions specified in the Criminal Procedure Code, but before that Article 185 paragraph, 1 and its explanations must be reformulated to create certainty law.

Keywords: Reformulation, Legal Certainty, Testimonium De Auditu

DOI: 10.7176/JLPG/112-20

Publication date:August 31^st 2021