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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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  281. An outstanding share! I have just forwarded this onto a friend who has been doing a little research on this. And he actually bought me breakfast simply because I discovered it for him… lol. So allow me to reword this…. Thanks for the meal!! But yeah, thanx for spending some time to talk about this topic here on your internet site.

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  286. I’m impressed, I have to admit. Rarely do I encounter a blog that’s both equally educative and engaging, and let me tell you, you’ve hit the nail on the head. The issue is an issue that too few folks are speaking intelligently about. I’m very happy that I stumbled across this during my search for something relating to this.

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  330. 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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  337. An outstanding share! I’ve just forwarded this onto a coworker who has been conducting a little homework on this. And he actually bought me lunch because I discovered it for him… lol. So allow me to reword this…. Thanks for the meal!! But yeah, thanx for spending some time to talk about this subject here on your web page.

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  345. Having read this I thought it was rather informative. I appreciate you finding the time and energy to put this 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.

  346. 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.

  350. 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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  370. 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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  379. 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.

  385. 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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  445. I really like your blog.. very nice colors & theme. Did you make this website yourself or did you hire someone to do it for you? Plz reply as I’m looking to design my own blog and would like to find out where u got this from. thank you|

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  531. 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.

  538. I’m really loving the theme/style of your site. Do you come upon any browser compatibility issues?
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  550. 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.

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  697. 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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Berita, BERITA ONLINE, Desa dan Kota, Ekonomi dan Perekonomian, Filsafat, Hak Asasi Manusia, Hak Asasi Manusia, HUKUM, Hukum dan Kekuasaan, HUKUM PENANAMAN MODAL, KEBIJAKAN PUBLIK, Nasional, Pengabdian Masyarakat, Politik, Serba Serbi, SOSIAL KEMASYARAKATAN, Teori, TERMINOLOGI, Uncategorized, Wawasan Kebangsaan|June 10, 2020
MATERI UJIAN TENGAH SEMESTER (UTS) HUKUM TATA NEGARA TAHUN AKADEMIK 2020   Fakultas                   : HUKUM Jurusan                    : Ilmu Hukum Mata Kuliah                :

Berita, BERITA ONLINE, Hak Asasi Manusia, Hak Asasi Manusia, HUKUM, Hukum dan Kekuasaan, HUKUM PENANAMAN MODAL, KEBIJAKAN PUBLIK, Nasional, Pengabdian Masyarakat, Serba Serbi, SOSIAL KEMASYARAKATAN, Teori, TERMINOLOGI, Uncategorized, VARIA PERADILAN|June 10, 2020
MATERI UJIAN TENGAH SEMESTER (UTS) HUKUM ACARA PERDATA, TAHUN AKADEMIK 2020     Dosen                      : APPE HTAURUK, SH., MH. NIDN                       : 0307036803

Berita, BERITA ONLINE, Hak Asasi Manusia, Hak Asasi Manusia, HUKUM, Hukum dan Kekuasaan, HUKUM PENANAMAN MODAL, KEBIJAKAN PUBLIK, Kriminal, Nasional, Pengabdian Masyarakat, Serba Serbi, SOSIAL KEMASYARAKATAN, Teori, TERMINOLOGI, Uncategorized, VARIA PERADILAN|June 10, 2020
MATERI UJIAN TENGAH SEMESTER  (UTS)  HUKUM ACARA PIDANA, TAHUN AKADEMIK 2020     Fakultas                     : HUKUM Jurusan                      : Ilmu Hukum Mata Kuliah