Siti Munawaroh

Faculty of Law Bhayangkara Surabaya University Indonesia

This research was conducted to find out how the position of minors as witnesses in criminal procedural law and how the legal protection of minors as witnesses in a criminal act. By using the normative juridical research method, it can be concluded: 1. The position of minors as witnesses according to the criminal procedure law is not a valid evidence, and also does not have the power of proof, but the information can be used to strengthen the judge's belief and can be used as a guide as stated is in the explanation. Therefore, the value of the information given without an oath is in agreement with the others. Not having the power of proof does not mean that it cannot be considered, however, the information can be used in addition to perfecting the strength of proof of valid evidence, for example, it can strengthen the judge's conviction or be used as a guide. Whereas in the criminal justice system, children recognize witnesses as child witnesses who explain that the witness is a child who hears, sees and experiences himself. 2. Legal protection for minors as witnesses of a criminal act is quite good and supports a reshuffle of thought to provide opportunities and confidence for children to be able to testify in court. Protection of child witnesses involves all parties related to child protection regarding the rights of child witnesses which are clearly regulated in Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. Following are the provisions for child protection contained in other statutory provisions, namely Law no. 35 of 2014 concerning Child Protection, Law no. 22 of 2007 concerning the Elimination of Domestic Violence, Law no. 13 of 2006 concerning the Protection of Witnesses and Victims. Institutions related to the protection of child witnesses are carried out by the Witness and Victim Protection Agency and the Child Protection Commission as well as the Special Child Development Institute, the Temporary Child Placement Institution and the Social Welfare Organization.

Analysis, Children, Witness Statement, Witness Protection.

1) Alexander, R., & Sulistyowati, H. (2020). JURIDICAL ANALYSIS OF THE VALIDITY OF CHILD WITNESS EVIDENCE INFORMATION BASED ON LAW NUMBER 11 OF 2012 CONCERNING CHILD CRIMINAL JUSTICE SYSTEM IN THE CRIMINAL ACTION OF THEft. DELICT Journal of Criminal Law, 6(2), 30–38. Retrieved from https://journalfhunsa.com/index.php/delict/article/view/2

2) Arianto Dian, 2020. JURIDIC ANALYSIS OF APPLICATION OF EVIDENCE OF UNDERAGE CHILDREN, PETITA, Vol. 2 No. 2 : 158-176 DECEMBER, 2020 P- ISSN : 2657 - 0270 E- ISSN : 2656 - 3371 https://journal.unrika.ac.id/index.php/petita/index

3) Andi Sofyan, (2012). Criminal Procedure Code An Introduction. Date. Jakarta. Thing. 531.

4) Djamil, M.N. (2003). Children are not to be punished. Jakarta: Sinar Graphic. Evidence in the Settlement of Criminal Cases in Court. JOM Faculty of Law Volume IV No. 2.

5) Fajrin, A. (2017). Legal Analysis of the Position of Child Witness Statements against Evidence in the Settlement of Criminal Cases in Court. JOM Faculty of Law Volume IV No. 2.

6) Hamzah, A. (1990). Introduction to Indonesian Criminal Procedure Law. Jakarta: Ghalia Indonesia.

7) Harahap, M. Y. (2002). Discussion of Problems and Application of the Criminal Procedure Code Examination of the Court, Appeal, Cassation and Review Second Edition. Jakarta: Sinar Graphic. Please.

8) Hutapea, N. M. (July 2010). The Strength of Statements of Minor Witnesses in Evidence of Criminal Cases Edition 2. Koentjoroningrat. (1985). Legal Research Methods. Jakarta: PT. grammar.

9) Jalu Sri Purnomo, L. ., & Sulistyowati, H. (2020). LEGAL PROTECTION OF CHILD VICTIMS OF SEXUAL ABUSE BASED ON LAW NUMBER 35 OF 2014 CONCERNING CHILD PROTECTION. DELICT Journal of Criminal Law, 6(2), 9–17. Retrieved from https://journalfhunsa.com/index.php/delict/article/view/26

10) M. Taufik Makarao, S. (2004). Criminal Procedure Law in Theory and Practice. Jakarta: Ghalia Indonesia.

11) Nur Afni. (2013), Legal Protection of Children as Witnesses in Criminal Cases, Makassar, 2013, p. 29.

12) Qur'ani, Y. ., & Sulistyowati, H. (2020). JURIDICAL ANALYSIS OF THE CRIMINAL ACT OF DEFAMATION EVIDENCE SYSTEM THROUGH SOCIAL MEDIA IN ARTICLE 27 SECTION (3) LAW NUMBER 19 YEAR 2016 CONCERNING ELECTRONIC INFORMATION AND TRANSACTIONS. DELICT Journal of Criminal Law, 6(2), 18–29. Retrieved from https://journalfhunsa.com/index.php/delict/article/view/27

13) Wahyudhi, D. (2015). Protection of Children in Conflict with the Law through a Restorative Justice Approach. Journal of Legal Studies (Online) Vol. VI, No. 1, 160.

14) Yahya Harahap. (2009) Discussion of Problems and Application of the Criminal Procedure Code for Examination of Court Trials, Appeals, Cassations, and Review. Graphic Ray. Jakarta

Volume 05 Issue 08 August 2022

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