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KETERANGAN SAKSI BERBEDA DENGAN BERITA ACARA PEMERIKSAAN (BAP)

KETERANGAN SAKSI BERBEDA DENGAN BERITA ACARA PEMERIKSAAN (BAP)

 

Keterangan saksi yang diberikan/dikemukakan  pada saat pemeriksaan di depan Penyidik, sebagaimana terdapat dalam Berita Acara Pemeriksaan (BAP) atau Berkas Perkara, merupakan pedoman dalam pemeriksaan perkara pidana di persidangan Pengadilan.

Apabila keterangan saksi di depan/dalam persidangan ternyata berbeda dengan yang dijelaskan  dalam Berkas Perkara (Berita Acara Pemeriksaan/BAP), maka Ketua Majelis Hakim di persidangan mengingatkan saksi mengenai hal tersebut, serta meminta keterangan sehubungan dengan  perbedaan  tersebut dan dicatat dalam Berita Acara Persidangan (sebagaimana dimaksud dalam Pasal 163 KUHAP).

Keterangan saksi yang telah dinyatakannya dalam Berita Acara Pemeriksaan (BAP) pada waktu dilakukan proses verbal oleh Penyidik, dapat dinyatakan dicabut oleh saksi di persidangan Pengadilan. Akan tetapi perlu diketahui bahwa pencabutan keterangan yang ada di BAP karena adanya perbedaan, harus disertai dengan alasan yang dapat diterima. Jika alasan yang dikemukakan oleh saksi tersebut dapat diterima, baru akan dicatat dalam Berita Acara Persidangan. Sebaliknya, apabila alasan tersebut tidak dapat diterima secara rasional, maka pencabutan keterangan saksi tersebut harus ditolak.

 

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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