Analysis of the Ratio Decidendi in Assessing the Strength of Evidence of Crown Witnesses (Case Study of Verdict Number 41/Pid.B/2021/PN Bil)

Abstract

Witness testimony is evidence that is often the key word in revealing that a crime has occurred. This research aims to determine the position of the crown witness so that the judge can consider it in proving the crime of assisting in premeditated murder in Decision Number 41/Pid.B/2021/PN Bil. This research is normative legal research that is prescriptive and applied. This research uses a case approach. The legal materials used are primary legal materials and secondary legal materials. The technique for collecting legal materials used in this legal research is literature study. The results of this research show that in Decision Number 41/Pid.B/2021/PN Bil, the crown witnesses were considered by the judge. The use of crown witnesses is permitted while still observing the provisions in nominating crown witnesses. These provisions include the separation of case files, lack of evidence, and criminal acts involved form of participation. The judge's considerations in Decision Number 41/Pid.B/2021/PN Bil which used crown witnesses were in accordance with the provisions of the Criminal Procedure Code. Based on the evidence presented by the public prosecutor which was strengthened by the testimony of crown witnesses, the judge was convinced that the crime had actually occurred and that the defendant was guilty of committing it. The use of crown witnesses in this case can make it easier for the judge to impose a crime on the defendant who helped commit premeditated murder.