Proof is an attitude or action that is very necessary in life. The need for proof of a truth relating to the association of social life includes proof of things of simple value to those of high value. Proving the truth of things that are simple in nature, the method of proof is also simple, not too formal and sometimes even left from person to person. Unlike the evidence relating to people with the government or the state or known as public relations, the rules of proof are formal and binding.
One of the relationships that is public is a relationship that qualifies as a criminal act. Provisions regarding the rules and methods of proof of a criminal act are binding in nature and always refer to the rules or rules of proof that are embodied in the law of proof.
The Criminal Procedure Law, as the procedural law regulating how criminal law is implemented, regulates the rules of evidence in a brief criminal procedure. Proof is needed in almost every action. Basically, the evidence in the criminal case proves the existence of a criminal act and the defendant’s guilt.
In practice, proof is the act of the public prosecutor to create a judge’s conviction that is obtained from the minimum evidence of a criminal act and that the defendant is the one guilty of committing it.
Evidence Function in Trials
The function of proof is very important because it will become the back or point of departure for the judge’s decision. In order to create proof and application of proof that can create legal certainty and justice, rules, rules or provisions are needed as guidelines.
Proof occupies a very important function and is the central point of the trial, but its provisions in the Criminal Procedure Code are very brief. Evidence is the activity of proving where proving means showing the existing evidence, doing something as truth, implementing, signifying, witnessing, and convincing. Proving activities can be divided into 2 parts, namely a part, namely a part of unveiling facts and a part of analyzing facts which is also a part of analyzing the law.
In the section on disclosing facts, evidence is submitted to the public by the public prosecutor and legal advisor or at the discretion of the panel of judges to be examined for their truth.The process of proving this first part will end when the chairman of the assembly verbally declares that the examination of the case is declared complete. After the fact-disclosing activity section has been completed, then the Public Prosecutor, the Legal Counsel, and the Panel of Judges carry out a legal analysis.
By the Public Prosecutor, proof in this second meaning was carried out in his letter of demand. For legal advisors, the evidence is carried out in a defense note and the panel of judges will discuss it in the final decision (verdict) they make. This proof becomes important when a criminal case has entered the prosecution stage before a court session.
The purpose of this evidence is to prove whether the defendant is guilty of the criminal act he is accused of. The matter of proof is a very determinant matter for every party directly involved in the process of examining a criminal case, especially in terms of assessing whether the guilt charged against the accused is proven or not proven.
Proof of Witness Information
A piece of evidence in a criminal case in the form of testimony from a witness regarding a criminal incident which he himself heard, saw and experienced by himself by mentioning the reasons from his knowledge, limiting the meaning of the witness’s testimony in his capacity as evidence, is the witness testimony. as evidence is what the witness stated in court proceedings.
In general, witness testimony evidence is the most important means of evidence in a criminal case. It can be said that there is no criminal case that escapes the evidence of the witness testimony. Almost all proof of a criminal case always relies on examining witness testimony. At least in addition to evidence with other evidence, it is always necessary to prove it by means of evidence from witness testimony.
There are four types of witnesses presented in court proceedings, namely witnesses submitted by the suspect or an accused, who are expected to be able to provide information which is favorable to him in French also called Witness A de Charge and witnesses presented by the public prosecutor are called Witness A Charge namely witnesses whose testimony incriminated the defendant and Witness De Auditu, namely witnesses who did not witness and experience themselves but only heard from other people.
However, there are many people who reject this de auditu witness. There were also witnesses who did not incriminate and did not relieve the defendant. The presence of these witnesses is usually at the request of judges and public prosecutors to now not take sides with anyone because their job is only to provide information in accordance with the profession they are in. This group of witnesses is called Expert Witness. Witness testimony is valuable as evidence. Not all witness testimonies have value as evidence. Witness testimony that has value is witness testimony in accordance with what is explained.