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KEDUDUKAN ALAT BUKTI SURAT BERUPA PENETAPAN TENTANG ASAL-USUL ANAK DALAM PERKARA PIDANA (STUDI KASUS: PERKARA NOMOR 69/PID.B/2024/PN.TMG)
In the case study Number 69/Pid.B/2024/Pn.Tmg, a Defendant was accused of committing a criminal act of damage to property in the jurisdiction of Temanggung Regency, Central Java. In the Indictment it was stated that the Defendant was over 18 years old (adult), so the legal process to be carried out was in accordance with criminal provisions for adults. However, in the development of the case, new facts were discovered regarding the Defendant's age, which was actually still 17 years old, as proven by Decision Number 627/Pdt.G/2024/Pa.Tmg concerning the Determination of the Origin of Children issued by the local Religious Court. So the Defendant, accompanied by his Legal Counsel, filed an objection (exception). This study aims to determine the judge's considerations in issuing an interim decision regarding the exception filed in case study No. 69/Pid.B/2024/Pn.Tmg and to determine the status of Decision No. 627/Pdt.G/2024/Pa.Tmg as documentary evidence in a criminal case. The research method used is qualitative, with a descriptive-analytical normative legal research method. The author's approach to examining the legal issues in this study is a statute approach and a conceptual approach. The theoretical foundations used are the Theory of Legal Certainty, the Theory of Evidence, and the Theory of Ratio Decidendi. The Theory of Legal Certainty serves as a critical foundation for examining how Religious Court decisions regarding the Origin of Children, particularly regarding changes in a child's identity or status, must be able to provide clear guarantees of an individual's rights and legal status. The Theory of Evidence is used to assess the strength of Decision No. 627/Pdt.G/2024/Pa.Tmg as documentary evidence in a criminal case. Meanwhile, the Ratio Decidendi Theory is used to examine the judge's legal considerations in applying legal norms. The results of the study indicate that the indictment in case No. 69/Pid.B/2024/Pn.Tmg was declared valid and met both formal and material requirements, with the defendant's identity still based on the birth certificate extract, allowing the case to proceed. Decision No. 627/Pdt.G/2024/Pa.Tmg concerning the Child's Origin as documentary evidence in case No. 69/Pid.B/2024/Pn.Tmg constitutes valid documentary evidence and complies with the provisions of Article 187 of Law No. 8 of 1981 concerning Criminal Procedure. The formal determination of the child's origin is a Determination of Child's Origin because the document was officially prepared in accordance with statutory procedures. However, materially, the Determination of Child's Origin is not binding, so the judge has full discretion to assess the effectiveness of its evidence.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103040200 Shinta Rachim Hikmatul Adha
KEDUDUKAN ALAT BUKTI SURAT BERUPA PENETAPAN TENTANG ASAL-USUL ANAK DALAM PERKARA PIDANA (STUDI KASUS: PERKARA NOMOR 69/PID.B/2024/PN.TMG) (Text)
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