E ISSN: 2583-049X

International Journal of Advanced Multidisciplinary Research and Studies

Volume 4, Issue 1, 2024

Policy on Application of Evidence Tools of Psychiatric Expert's Testimonials in Proof of Crimes of Psychical Violence in the House

Author(s): Herberth Godliaf Uktolseja, Triana Ohoiwutun YA, Fanny Tanuwidjaya


Crimes regulated in the PKDRT Law consist of four types, namely: physical violence, sexual violence, psychological violence and domestic neglect. Normatively, types of domestic violence have their own specifications or characteristics. Domestic psychological violence as one of the criminal acts in the PKDRT Law has different characteristics from other criminal acts because the nature of psychological violence cannot be seen with the naked eye so only with evidence from a psychologist's testimony can it be proven that there is psychological violence against the victim. The criminal act. The urgency of providing evidence for psychiatric expert testimony in proving criminal acts of domestic psychological violence is reviewed from the evidentiary system based on Article 183 of the Criminal Procedure Code, as well as the correlation between psychiatric expert testimony and the judge's confidence in proving criminal acts of domestic psychological violence, then formulating a concept for implementing psychiatric examinations in cases of psychological violence in the household which are oriented towards the goal of finding material truth in criminal law in the future. The problem of differences in the application of the law in proving criminal cases of domestic psychological violence, gives rise to legal uncertainty and even deviates from the objectives of proof in the Criminal Procedure Code. To resolve this problem, it is necessary to establish regulations in the form of a Joint Decree between the Chief Justice of the Republic of Indonesia, the Attorney General of the Republic of Indonesia, the Chief of Police of the Republic of Indonesia and the Minister of Health of the Republic of Indonesia regarding guidelines for handling cases of domestic psychological violence which can be used as a basis for law enforcers, especially judges, in understanding and implementing them. The nature of the importance of evidence from a psychologist's testimony in proving criminal acts of domestic psychological violence. Apart from integrating regulations to support evidence, another important thing is increasing human resources in the form of education and training or certification for investigators, public prosecutors and judges who meet the requirements as special law enforcers for domestic psychological violence. In fact, to maintain the binding force of the regulations that have been made, in practice if it is found that law enforcement officials are not implementing the decisions as they should, or there is a violation of the norms in the regulations, then the action is to be given sanctions in accordance with the provisions that apply to each institution. Law enforcer.

Keywords: Application Policy, Psychiatric Expert Information, Domestic Psychological Violence

Pages: 952-960

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