ANALISIS HUKUM KETERANGAN SAKSI DIATAS SUMPAH DI PERSIDANGAN PENGADILAN DILAPORKAN DI INSTITUSI KEPOLISIAN

Abstract

The background to this research is that the family of the convicted murderer Vina from Cirebon reported two witnesses in the case, A (initials) and D (initials), to Bareskrim. A (initials) and D (initials), were reported on suspicion of providing false information. The report from the family of the person convicted of murdering Vina has been received and registered with number LP/B/227/VII/2024/SPKT/Bareskrim Polri dated 10 July 2024. Apart from that witness "LA" (initials) in the review trial of Saka Tatal (one of the convicts in the Vina Cirebon case) where witness "LA" (initials) has now withdrawn his previous statement that what he said at that time was not true. The legal issue is whether the above witness's statement Can an oath at a court hearing be reported to the Police Institution? The aim to be achieved is to know, understand; whether witness statements under oath at a court hearing can be reported to the Police Institution. This research is a type of Normative legal research. Thus, the approach used to answer the legal issues studied in this research is to use a Statutory Approach. The analysis uses legal interpretation and descriptive analytical methods. After the primary legal materials and secondary legal materials have been collected, they are described systematically and methodically in order to obtain a universal picture of the legal issues raised in this research in order to determine the final conclusion. The results of this research are that witnesses' statements on oath at court hearings cannot be reported to institutions on charges of false statements. Because ex officio (because of their position) the panel of judges handling the case has the authority to determine whether a witness's statement on oath at trial is a false statement or not based on the provisions of Article 174 of the Criminal Procedure Code.