AKIBAT HUKUM PERBEDAAN KETERANGAN PENGAKUAN TERDAKWA DENGAN VISUM ET REPERTUM DALAM KASUS TINDAK PIDANA PENGANIAYAAN DI LINGKUNGAN TNI Indonesia

Abstract

ABSTRACT
In certain cases, investigators are even very dependent on information provided by an expert to further reveal a criminal event that is being handled. Criminal cases such as persecution within the TNI are one example of cases where investigators really need expert assistance, including judicial medicine experts (Forensic Doctors). In practice, Visum et Repertum is not only made by forensic doctors or judicial medicine experts, but can also be made by non forensic doctors. The research method used in this research is normative juridical, using statutory and conceptual approaches. Researchers also use secondary data sources consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data collection in this research uses library research techniques and data analysis used in this research is descriptive analytical. The results of this study explain that the legal position of the Visum et Repertum as evidence of a criminal offense is as evidence of the defendant's confession where the results of the Visum et Repertum are authentic evidence and make the cause of the persecution. As for attaching a Visum et Repertum in a case file at the stage of examination in a military court trial. The legal consequence of the difference between the confession of the defendant and the Visum et Repertum in the crime of maltreatment within the TNI is that the confession can be revoked if the defendant is proven to have given a false confession, while the Visum et Repertum it self can be re-examined if there is an objection from the legal counsel or the confession given by the defendant can be clearly proven.