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KEKUATAN ALAT BUKTI KETERANGAN AHLI

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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”.

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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
http://appehamonanganhutauruk.com/

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