Research Article
The Concept of Audio-Visual Evidence In The Criminal Violation According To Criminal Procedural Law
@INPROCEEDINGS{10.4108/eai.14-4-2021.2312445, author={Kusnanto Kusnanto}, title={The Concept of Audio-Visual Evidence In The Criminal Violation According To Criminal Procedural Law}, proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLHR}, year={2021}, month={10}, keywords={means of proof audio-visual criminal procedure}, doi={10.4108/eai.14-4-2021.2312445} }- Kusnanto Kusnanto
Year: 2021
The Concept of Audio-Visual Evidence In The Criminal Violation According To Criminal Procedural Law
ICLHR
EAI
DOI: 10.4108/eai.14-4-2021.2312445
Abstract
Electronic evidence in the form of information and / or electronic documents is valid evidence in the Criminal Procedure Code that can substitute letters and serves as independent evidence and an extension of evidence. These three statuses are not mentioned the Criminal Procedure Code (KUHAP), but the regulations are explained in some special laws and legal instruments issued by the Supreme Court (MA). It was found that the concept of audio-visual recordings as evidence is valid if the audio-visual recordings substantively describe the occurrence of a criminal event. The recognition of audio-visual recordings as evidence is based on the rights and obligations of the perpetrators and victims of criminal acts. Every perpetrator has the responsibility regarding general criminal acts that have been committed without being limited by inhibited by the general criminal procedure law. Every victim of a crime has the right to receive compensation and rehabilitation for the suffering and loss that they have experienced without being intervened by the general criminal procedure law. This new concept regards audio visual recording that describes the occurrence of a criminal act must be taken as evidence being verified for its authenticity. The verification can be carried out using a variety of methods aimed at assessing the truth and authenticity of the legal facts shown in the audio-visual recording.