ANALISIS ALAT BUKTI PETUNJUK DAN PEMENUHAN STANDAR PEMBUKTIAN MINIMUM DALAM TINDAK PIDANA PEMBUNUHAN BERENCANA (STUDI PUTUSAN NOMOR 626 K/PID/2022)

Abstract

The evidentiary system in criminal proceedings for premeditated murder requires the application of a minimum standard of proof when sentencing the defendant. This study aims to analyze how circumstantial evidence was used in Case No. 626 K/PID/2022 involving the crime of premeditated murder based on the theory of evidence, as well as to determine the judge’s basis for considering the evidence in this case in light of the minimum standard of proof under Article 183 of the Criminal Procedure Code. This study employs a normative legal research method using a case-based and statutory approach. The analytical technique used is prescriptive analysis. The results indicate that the evidence constituting circumstantial evidence in this case tends to be weak because the individual pieces of evidence are inconsistent with one another and stand alone. Furthermore, there is no scientific evidence, and the evidence does not directly demonstrate that the defendant strangled the victim. From a legal perspective, the evidence in this case does not satisfy the elements of Article 183 of the Criminal Procedure Code. The public prosecutor’s failure to present new evidence renders the verdict questionable, as it relies on circumstantial evidence that is not fully supported by valid and convincing evidence.