Legal Spirit (Nov 2024)

Psikologi Forensik Sebagai Sarana Pembuktian Perkara Pencabulan Anak

  • Alfiya Damayanti,
  • Eka Nanda Ravizki

DOI
https://doi.org/10.31328/ls.v8i3.5581
Journal volume & issue
Vol. 8, no. 3

Abstract

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Proof in cases of sexual abuse requires a report from forensic psychological examination. It is deemed necessary because the act of abuse does not leave physical traces and its impact is more psychological on the victim. Moreover, when the perpetrator is someone close to the victim, it adds to the level of trauma experienced by the victim. This research employs empirical methods, including interviews with Public Prosecutors in the field of General Crime at the Public Prosecutor's Office of Batu, observation, and analysis of legal documents. This study elucidates that in positive Indonesian law, forensic psychological reports can serve as valid evidence, both as documentary evidence and expert testimony, and can also serve as guidance if the defendant denies the accusations. Furthermore, it explains the relevance of the Judge to this report, evident when the Judge receives and considers its findings, supported by at least one other piece of evidence and the Judge's conviction of the defendant's guilt before imposing criminal sanctions.

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