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KEKUATAN ALAT BUKTI KETERANGAN AHLI

KEKUATAN ALAT BUKTI  KETERANGAN AHLI

Dalam Pasal 184 KUHAP, keterangan seorang Ahli disebut sebagai ALAT BUKTI pada urutan kedua.  Ketentuan Pasal 186 KUHAP menyebutkan bahwa KETERANGAN AHLI (Verklaringen van Een Deskundige; Expert Testimony)  ialah apa yang seorang ahli nyatakan di sidang pengadilan.

Pada bagian PENJELASAN Pasal 186 KUHAP dinyatakan: “Keterangan seorang Ahli ini dapat dapat juga sudah diberikan pada waktu pemeriksaan oleh penyidik atau penuntut umum yang dituangkan dalam suatu bentuk laporan yang dibuat dengan mengingat sumpah diwaktu ia menerima jabatan atau pekerjaan. Jika hal itu tidak diberikan pada waktu pemeriksaan oleh penyidik  atau penuntut umum maka pada pemeriksaan di sidang diminta untuk memberi keterangan dan dicatat dalam berita acara pemeriksaan. Keterangan tersebut diberikan setelah ia mengucapkan sumpah atau janji di hadapan Hakim”.

Keterangan Ahli baru mempunyai nilai pembuktian bila Ahli tersebut BERSUMPAH terlebih dahulu di muka Hakim (persidangan) sebelum memberi keterangan.

Apabila Ahli tidak dapat hadir dan sebelumnya telah mengucapkan sumpah di hadapan PENYIDIK, maka nilai keterangannya sama dengan keterangan Ahli yang diucapkan didepan sidang.

Kitab Undang – Undang Hukum Acara Pidana (KUHAP) membedakan “Keterangan Ahli di persidangan sebagai alat bukti”  (Pasal 186 KUHAP) dan “Keterangan Ahli secara tertulis diluar persidangan sebagai alat bukti  surat” (Pasal 187 butir c KUHAP). Sebagai contoh dari dan “Keterangan Ahli secara tertulis diluar persidangan sebagai alat bukti  surat” adalah “VISUM ET REPERTUM “ yang dibuat seorang Dokter.

Apabila Ahli dalam memberikan keterangannya tidak disumpah (karena tidak mau, atau karena tidak disumpah oleh Penyidik) maka keterangan Ahli tersebut hanya menguatkan KEYAKINAN Hakim. Dengan demikian, selaku Ahli ia mempunyai kewajiban:

  1. Datang di persidangan;
  2. Mengucapkan sumpah;
  3. Memberikan keterangan menurut pengetahuan dalam bidang keahliannya;

Hal – hal yang diterangkan oleh Ahli adalah kesimpulan – kesimpulan dari suatu keadaan yang diketahui sesuai dengan keahliannya. Dengan perkataan lain, penilaiannya atau pendapatnya terhadap suatu keadaan. Mengenai hal ini berbeda dengan keterangan seorang SAKSI yang dilarang untuk memberikan kesimpulan – kesimpulan. KETERANGAN SAKSI hanya merupakan pengungkapan kembali fakta – fakta yang oleh Saksi, dilihat, didengar  dan dialaminya sendiri  (Pasal 185 KUHAP).

Kekuatan alat bukti keterangan Ahli bersifat bebas, dan tidak mengikat seorang Hakim untuk memakainya apabila bertentangan dengan keyakinan Hakim. MANFAAT keterangan Ahli dipersidangan merupakan ALAT BANTU bagi Hakim untuk menemukan KEBENARAN MATERIL, dan Hakim memiliki kebebasan untuk mempergunakannya atau tidak.

Apabila keterangan Ahli bersesuaian dengan fakta – fakta hukum lainnya yang terungkap di persidangan, maka keterangan Ahli tersebut dapat dijadikan sebagai pendapat Hakim sendiri. Akan tetapi, apabila keterangan Ahli tersebut bertentangan dengan fakta – fakta hukum lainnya yang terungkap di persidangan maka keterangan Ahli tersebut dapat dikesampingkan oleh Hakim. Apabila keterangan Ahli tersebut dikesampingkan, harus berdasarkan ALASAN YANG JELAS. Hal tersebut disebabkan, Hakim masih mempunyai wewenang untuk meminta penelitian ulang bila memang diperlukan.

Dalam praktek peradilan, keterangan Ahli (expertis, deskundigen)  sering disebut “KETERANGAN PIHAK KETIGA UNTUK MEMPEROLEH KEBENARAN SEJATI”.   Keterangan Ahli merupakan keterangan yang diberikan oleh seseorang yang memiliki KEAHLIAN KHUSUS dan OBYEKTIF  dengan maksud membuat terang suatu perkara (tindak pidana) atau guna menambah pengetahuan Hakim sendiri dalam suatu PERISTIWA HUKUM. Hal ini didasarkan pada asas peradilan yang menyatakan, “Hakim tidak boleh menolak suatu perkara yang diajukan kepadanya, meskipun hukum atau peraturan perundang – undangan tidak mengaturnya atau tidak jelas mengaturnya. Hakim harus menemukan hukum atas perkara tersebut”.

Ketentuan mengenai Ahli diatur dalam Pasal 160 ayat (4) yang menetapkan bahwa “Bilamana Pengadilan menganggap perlu, seseorng Ahli wajib bersumpah atau berjanji sesudah Ahli itu selesai memberikan keterangan”. Sedangkan dalam Pasal 161 ayat (2) ditentukan bahwa “Ahli yang tidak disumpah atau mengucapkan janji tidak dapat dianggap sebagai alat bukti yang sah, tetapi hanya merupakan  keterangan yang dapat menguatkan keyakinan Hakim”.

About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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  133. An impressive share! I’ve just forwarded this onto a co-worker who had been doing a little homework on this. And he actually bought me lunch simply because I discovered it for him… lol. So allow me to reword this…. Thank YOU for the meal!! But yeah, thanx for spending time to discuss this matter here on your internet site.

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  140. An impressive share! I have just forwarded this onto a co-worker who had been doing a little homework on this. And he actually bought me breakfast due to the fact that I discovered it for him… lol. So allow me to reword this…. Thanks for the meal!! But yeah, thanks for spending time to talk about this matter here on your web page.

  141. After I initially commented I seem to have clicked on the -Notify me when new comments are added- checkbox and from now on whenever a comment is added I receive four emails with the same comment. There has to be an easy method you are able to remove me from that service? Thanks.

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  148. When I initially left a comment I appear to have clicked the -Notify me when new comments are added- checkbox and now each time a comment is added I get 4 emails with the exact same comment. There has to be an easy method you are able to remove me from that service? Cheers.

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  151. An outstanding share! I’ve just forwarded this onto a friend who had been doing a little homework on this. And he in fact bought me lunch simply because I discovered it for him… lol. So let me reword this…. Thanks for the meal!! But yeah, thanks for spending time to talk about this matter here on your site.

  152. Having read this I believed it was very informative. I appreciate you taking the time and effort to put this short article together. I once again find myself personally spending a lot of time both reading and commenting. But so what, it was still worth it.

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  159. An outstanding share! I’ve just forwarded this onto a friend who has been conducting a little research on this. And he actually bought me dinner due to the fact that I stumbled upon it for him… lol. So let me reword this…. Thank YOU for the meal!! But yeah, thanks for spending the time to discuss this issue here on your web site.

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  179. An impressive share! I have just forwarded this onto a co-worker who was doing a little homework on this. And he in fact bought me dinner due to the fact that I found it for him… lol. So let me reword this…. Thanks for the meal!! But yeah, thanks for spending the time to talk about this issue here on your site.

  180. I’m really loving the theme/style of your site. Do you come upon any browser compatibility issues?
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  181. Hi, I do think this is a great web site. I stumbledupon it 😉 I’m going to revisit once again since I bookmarked it. Money and freedom is the greatest way to change, may you be rich and continue to guide others.

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  183. An outstanding share! I’ve just forwarded this onto a co-worker who had been doing a little research on this. And he in fact ordered me breakfast because I stumbled upon it for him… lol. So allow me to reword this…. Thanks for the meal!! But yeah, thanx for spending some time to discuss this matter here on your internet site.

  184. I?m impressed, I must claim. Truly seldom do I experience a blog that?s both educative and also enjoyable, as well as let me inform you, you have actually hit the nail on the head. Your idea is exceptional; the problem is something that insufficient people are speaking wisely around. I am really pleased that I came across this in my search for something associating with this.

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  186. An excellent share, I simply provided this onto a coworker who was doing a little analysis on this. As well as he actually purchased me morning meal due to the fact that I discovered it for him. smile. So let me reword that: Thnx for the reward! But yeah Thnkx for spending the moment to review this, I feel highly about it as well as like reading more on this subject. Ideally, as you become proficiency, would you mind updating your blog with more information? It is very handy for me. Big thumb up for this article!

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  208. Whats up are using WordPress for your blog platform? I’m new to the blog world but I’m trying to get started and set up my own. Do you require any coding expertise to make your own blog? Any help would be really appreciated!

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