Tinjauan Yuridis Terhadap Keabsahan Petunjuk dari Kesaksian Kerasukan (Trance) Berdasarkan Sistem Pembuktian di Indonesia

Abstract

Proof in criminal procedural law in Indonesia is a process that starts from the investigation stage, where evidence is gathered by investigators, to the trial stage, where the judge delivers a verdict. The main goal of this process is to seek and uphold material truth, which is the truth that corresponds to the actual facts. This evidence includes various forms such as witness testimony, expert testimony, documents, indications, and the defendant's statements. In the Indonesian proof system, which is based on the Continental European system, at least two valid pieces of evidence and the judge's conviction are required to declare someone guilty. This means that the evidence must be convincing to the judge regarding the truth of the charges brought against the defendant. This article examines the theory of proof, circumstantial evidence, and challenges in the practice of proof, including the testimony of possession that emerged in the Vina Cirebon case. This research employs a normative juridical method with a legislative approach. The analysis shows that proof in criminal procedural law heavily relies on valid evidence and the judge's conviction, and identifies that the Indonesian judicial system needs to pay attention to the development and adaptation to special situations such as possession testimony.