Analisis Hukum Visum et Repertum dalam Tindak Pidana Pencabulan Anak (Putusan Nomor 1020/Pid.Sus/2018/PN.Mdn)

Abstract

Crimes of sexual abuse against underage children in many legal incidents and widespread occurrence indicate that the law is still weak in Indonesia. The weakness of law in Indonesia is due to the viewpoint of gender-biased law enforcers and the attitude of most culturally-influenced law enforcers to corner victims and cause follow-up of cases contrary to existing regulations, and the approach of law enforcement officials who are generally very juridical so they are not gender sensitive. Visum is used to prove the occurrence of agency relationships that lead to alleged acts of abuse. The problems in this writing relate to the system of proof of Visum et Repertum in handling criminal acts of child abuse and against the consideration of judges related to Visum et Repertum on court judgement number 1020 / Pid.Sus / 2018 / PN.Mdn against the judge's decision. The method used in the study is normative juridical, namely the research method that examines the study of documents, namely using various data such as legislation, court decisions, legal theory and opinions of scholars to support the quality of research results. The library research method is carried out by taking data from various books, reading sources related to the title of the discussion, journal and dissertation, legislation and interviews. Analysis of the data used is through the library research method which is carried out by taking data from various books, journals, and other reading sources. The proof system of Visum et Repertum is carried out based on advice from investigators on victims of sexual abuse through a referral letter to the hospital to obtain the results of Visum et Repertum and can later be used as evidence in the process of detention of perpetrators of criminal acts of looting, in the process of verification used as evidence of the letter as a consideration of the judge. The judge in considering Visum et Repertum on decision number 1020 / Pid.Sus / 2018 / PN.Mdn to determine the sentence against a defendant for the offense of child molestation, against proof of the Visum et Repertum letter was used as a liaison between the statements of witnesses and the testimony of the defendant to complement each of the facts in the trial.