Dasar Pertimbangan Hakim terhadap Barang Bukti yang Diajukan Jaksa Penuntut Umum Dipersidangan

Abstract

Physical evidence constitutes a crucial element in the criminal evidentiary process, serving to reinforce the judge's conviction when rendering a verdict. However, not all physical evidence submitted by the Public Prosecutor can serve as a basis for judicial consideration without first undergoing an assessment of its validity, relevance, and connection to other forms of evidence recognized by law. This study aims to analyze the grounds upon which judges evaluate physical evidence submitted by the Public Prosecutor during trial, the factors influencing such evaluations, and the legal implications of these considerations for criminal verdicts. The study employs a normative legal research method, utilizing both statutory and conceptual approaches through an analysis of the Criminal Procedure Code (KUHAP), relevant legislation, legal doctrine, and court rulings. The grounds for judicial assessment of physical evidence submitted by the Public Prosecutor are supported by the forms of evidence stipulated in Article 184 paragraph (1) of the KUHAP, namely: witness testimony, expert testimony, documentary evidence, indications and the defendant's testimony