The Power of Electronic Video Recording Proof in Crime Possession of Sharp Weapons
The study of “The Power of Electronic Video Recording Proof in Crime Possession of Sharp Weapons” focused on the power of electronic video recording proof. The aims of this study are to know the process of cases examination in Ternate District Court associated with the crime possession of sharp we...
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| Format: | Article |
| Language: | English |
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Penerbit Universiti Kebangsaan Malaysia
2019
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| Online Access: | http://journalarticle.ukm.my/13945/ http://journalarticle.ukm.my/13945/ http://journalarticle.ukm.my/13945/1/36957-116567-1-PB.pdf |
| Summary: | The study of “The Power of Electronic Video Recording Proof in Crime Possession of Sharp Weapons” focused
on the power of electronic video recording proof. The aims of this study are to know the process of cases
examination in Ternate District Court associated with the crime possession of sharp weapons namely video
recording proof presented as evidence, and how the validity of video evidence as evidence and has the power of
proof in the trial. This type of research is normative-empirical and uses secondary data as the main reference in
analyzing data, the authors use qualitative descriptive analysis techniques that are based on applicable
regulations and then adjusted to the reality that occurred in the field. Furthermore, in conclusion is done with
deductive method that is analysis conducted with general knowledge to conclude things specifics. The results of
the study showed that the proof of recording used as evidence in the crime possession of sharp weapons clearly
not in accordance with criminal law procedure code (KUHAP), in the proving of crime possession of sharp
weapons refer to Article 184 of KUHAP regarding legal evidence so that the evidence of the video recording is
in principle merely as exhibit and cannot be used as evidence on the offense. Concerning the evidence presented
in the hearing is the legally obtained evidence that is in accordance with applicable laws and regulations so that
the proof has the evidentiary power to determine the defendant’s faults. In the case number: 286/Pid/2016/
Pn.Tte, and 279/Pid/2016/Pn.Tte, the recorded evidence presented is evidence obtained from the public then
copied by the investigator and copied on the CD-R, so the opinion of the prosecutor as in his claim stating the
guilt of the defendants has been proven legally and convincingly based on the evidence of the video recording is
a mistake and undermines the basic principles of procedural law. |
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