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VISUM ET REPERTUM AS EVIDENCE IN UNCOVERING THE

OCCURRENCE OF CRIMINAL ACTS

Nawang Putri Paramita, RB. Sularto

Universitas Diponegoro, Indonesia

Email: nawangputri@student.undip.ac.id, sulartorb@lecturer.undip.ac.id

KEYWORDS

Visum et Repertum, Evi-

dence, Criminal Acts

ABSTRACT

The criminal law evidentiary system in Indonesia is a negative wettelijk

or proof sys-tem based on the Law negatively. To make light of a crim-

inal act, valid evidence is needed according to the Criminal Procedure

Code as stated in Article 184 paragraph 1 of the Criminal Procedure

Code. Not all criminal acts can be proven with the naked eye. For ex-

ample, evidence related to bodily injuries or that cause health problems,

or that result in the death of a person. Without expert help a law en-

forcement officer cannot conclude this. the purpose of this research is

to find out visum et repertum as evidence in uncovering the occurrence

of criminal acts. This research is a legal research that uses a normative

or doctrinal juridical ap-proach by collecting and analyzing secondary

data. So it is necessary to help the medical science of the judiciary to

deal with the problem. Forensic doctors assist in processes related to

judicial proceedings. And the results of the examination are poured into

Visum et Repertum. In criminal cases Visum et Repertum is used in-

stead of corpus delicti. That visum et repertum is valid evidence in ac-

cordance with article 184 of the Penal Code as evidence of letters

INTRODUCTION

The process in resolving criminal cases is through the following stages, namely

investigation, investigation, prosecution, and examination in court hearings. Criminal

judgments made by judges are based on material truth, namely the ultimate truth based

on existing legal facts (Mario, 2018). Material truth can be derived from the evidentiary

process. In the provisions of the criminal law, the types of evidence are listed in Article

184 Paragraph 1 of the Criminal Procedure Code, namely "valid evidence is: witness

statements, expert statements, letters, instructions, statements of the accused." To obtain

the necessary evidence used in the examination of criminal cases, law enforcement offi-

cials sometimes get problems that are beyond the expertise of the law enforcement offic-

ers. So in cases like this, experts are needed. This is stated in Article 120 paragraph 1 of

the Criminal Procedure Code. Meanwhile, in the request for expert information during

the examination stage of the trial, it is contained in Article 180 paragraph (Gumilang,

Adiputra, & Adiartha, 2020).

The help of experts is in the examination stage, and it helps to search for material

truths. In this case, as a concrete example in the pretrial process, faced with cases related

to human bodily injuries, of course, this is not a study of the field of law (Barda Nawawi

Arief, 2018). Therefore, another science is needed to study the problem, namely judicial

medicine which has another term from forensic medicine which is a special branch of

medicine related to the interaction between medical and law. Forensic medicine plays a

role in determining the causality relationship between the act and the consequences

caused by the act committed (Iqbal Setiaji & Sugiharto, 2020).

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e-ISSN: 2797-6068 and p-ISSN: 2777-0915

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The information given by the expert in this case is that the judicial doctor can be in

writing like Visum et Repertum (VR), made by a forensic specialist doctor by sticking to

the oath in accordance with the Criminal Procedure Code. Visum et repertum is included

in the evidence in the form of a letter, this is based on Article 187 of the Criminal Proce-

dure Code "a letter as in Article 184 paragraph 1 letter c, is made under oath of office or

corroborated by oath. In this case, the visum has evidentiary value in the trial. Criminal

offences requiring visum are premeditated murder (moord) including suicide and child

murder listed in Articles 340, 342 and 345 of the Penal Code (Gumilang et al., 2020).

The function of visum et repertum is to play a role in the process of proving a crim-

inal case, describing the results of the medical examination that are substantiated in the

news section and considered as a substitute for evidence, containing the doctor's statement

of the results of the medical examination that is the most important in the conclusion

(Soekanto, 2016). The content of the writing in visum et repertum has the word pro

justitia on the top left and the format of visum et repertum includes Introduction, News,

Conclusion and Conclusion (Gainer, 2018).

The criminal law evidentiary system in Indonesia is a negative wettelijk or proof

system based on the Law negatively. In this case, it is not the strongest evidence in law.

In the trial process, the judge may impose a sentence if he has at least 2 (two) valid evi-

dence and the judge's conviction (Jabir, Suhaimi., & SyarifuddinHasyim, 2015). Then the

evidence cannot be a stand-alone piece of evidence. The existence of Visum et repertum

cannot fully prove the criminal act committed. And there is likely to be a discrepancy

between what has happened. Therefore, the investigator needs to study more deeply in

order to obtain material truth. For this reason, the author examines with the title VISUM

ET REPERTUM AS EVIDENCE IN UNCOVERING THE OCCURRENCE OF CRIM-

INAL ACTS.

RESEARCH METHOD

This research is a legal research that uses a normative or doctrinal juridical approach

by collecting and analyzing secondary data. Normative legal research tends to image law

as a discipline where it looks at the law from the point of view of the norm only. Research

themes are: research on legal principles, legal systematics, legal comparisons and history

(Sandu & Sodik, 2015).

The technique of collecting data uses library research library data in the form of

primary data and secondary data. Primary data is in the form of the 1945 Constitution,

Criminal Code, Criminal Code, while secondary data is in the form of books / e-books,

legal scientific works such as journals, papers, theses, and theses from researchers, arti-

cles on the internet. Then it is studied and linked to applicable theories and regulations,

in order to get solutions to existing problems (Indonesia, 2018).

RESULT AND DISCUSSION

What is the position of Visum et Repertum in criminal proceedings?

In the investigation of a criminal case corpus delicti is very important to prove the

occurrence of a crime before a person is charged with the crime. To prove corpus delicti

the public prosecutor must prove there have been injuries, causing harm, and illegal ac-

tivity. Then visum et repertum is used to replace the corpus delicti (Nisa & Krisnan,

2015). Visum is used to brighten an item of evidence that cannot be seen with the naked

eye such as blood, hair, sperm. To clarify the evidence, experts are needed to research,

especially forensic experts. The testimony of forensic experts in court hearings is

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categorized as expert testimony and the results of visum as stated in visum et repertum in

the name of letter evidence. For this reason, Visum Et Repertum is a valid evidence tool

to realize material truth for a judge (Iqbal Setiaji & Sugiharto, 2020).

Visum et Repertum is carried out by an expert in this regard is a forensic doctor who

uses science for judicial purposes. Forensic medicine plays a role in finding causality

relationships between actions and the consequences caused by these actions, whether they

cause injuries, health problems or cause the death of a person. From this knowledge, it

can be known whether a person's injury, health disorder or death is caused by a criminal

act (Adyan, 2010). To make light of a criminal act, evidence is needed. Article 184 of the

Criminal Procedure Code states that there are 5 pieces of evidence in criminal cases,

namely: witness statements, expert statements, letters, instructions, statements of the ac-

cused. In this case Visum et Repertum is included in the evidence of the letter (Utrecht,

2020).

The position of Visum et Repertum in the evidentiary law of criminal proceedings

is as follows:

1) Evidence of letters, regulated in Article 184 paragraph 1 letter c and Article 187

letter c of the Criminal Procedure Code.

2) Expert testimony evidence, regulated in Article 184 paragraph 1 letter b of the

Criminal Procedure Code.

Visum made by the judiciary and non-expert doctors, it is possible that the results

of the visum issued are acceptable. Because the position of the evidence in criminal pro-

ceedings is to support the judge's conviction.

The forensic expert doctor has duties in terms of providing assistance in judicial

proceedings in terms of:

1) Examination at the place where a case occurred. An examination at the crime

scene was carried out to identify the victim who died on the spot. In order to find

out the cause of death.

2) Examination for the injured. In order to know whether there is persecution, crime

or violation of decency, to know the age of a person and to determine whether a

baby died in the womb.

All this is done to determine the presence or absence of violations of articles 44,

288, 285, 292, 341, 342, 351, 352 of the Criminal Code.

What is the evidentiary power of visum et repertum?

In legal science, there is a doctrine that suggests that in the case of proof of criminal

procedure intends to seek material truth, while in civil procedural law it intends to seek

truth. The purpose of material truth is that to prove a criminal act is not sufficiently proven

by formal evidence but must be based on information hidden behind the facts. For this

reason, judges do not directly believe in the facts revealed in the public but must be ob-

servant in revealing behind these facts (Hamonangan, 2022). The judge must carefully

examine what is contained in the facts. After a long process and the judge gains confi-

dence, the conviction can be used to make decisions as fairly as possible.

The law of proof is the entire rule of law regarding the reconstruction of a past event

that is relevant to the prejudice against the person suspected of committing a criminal act

and the endorsement of evidence according to the provisions of the applicable Law.

In the event of proof of uncovering a criminal case, there are at least 5 valid evi-

dence in accordance with Article 184 of the Criminal Procedure Code:

a. Testimony of witnesses;

b. Expert description;

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c. Letter;

d. Instructions;

e. Defendant's statement;

In terms of proving visum et repertum has absolute power. However, it must be

accompanied by other evidence. In accordance with Article 183 of the Criminal Code

"that in the course of trial a judge may impose a sentence if he has at least 2 (two) valid

evidence and the conviction of the judge". Visum et Repertum is included in the evidence

of a letter made by an expert. Not all criminal acts can be proven by visum. The criminal

acts that can be proven by visum are as follows: Premeditated murder, suicide, molesta-

tion, rape.

In this case, not only the role of the judge is needed but also the role of the expert

doctor is also very reliable to find and get the complete truth, which is one of the duties

of criminal law. Doctors play an important role in uncovering evidence through the hu-

man body or body parts. Therefore, doctors who make Visum et Repertum must get legal

protection in order to make clear evidence and without pressure from certain parties

(Christ, 2016).

In seeking material truth, various efforts are made to uncover a case both from the

preliminary examination stage such as investigation, prosecution and trial. These efforts

are made to avoid the error of criminal conviction in a person in accordance with Law

Number 14 of 1970 concerning the basic provisions of judicial power Article 6 paragraph

2 "No person can be sentenced to a criminal offense, unless the court because of a valid

evidentiary tool according to the Law has the assurance that a person who is considered

to be responsible, has been guilty of the acts alleged against him."

With this provision, law enforcement must collect evidence in as much detail as

possible. Although often law enforcement people face a problem or things that cannot be

handled alone because they are beyond their ability to be effective (Sonata, 2012). So law

enforcement, especially investigators and police auxiliary investigators, both police and

military police, can ask for expert help. The investigating prosecutor may also request

visum for human rights cases, as well as judges in accordance with Article 180 jo Article

187 of the Criminal Procedure Code, In the case of Visum et Repertum the legal basis for

the doctor's action to conduct an examination of the case is Article 179 of the Criminal

Procedure Code paragraph 1 "any person who is asked for his opinion as a judicial med-

ical expert or other expert is obliged to give expert testimony for the sake of justice."

CONCLUSION

The position of visum et repertum in criminal cases is in lieu of corpus delicti. The

corpus delicti requires the state to prove that a crime has occurred before making an ex-

trajudicial confession. To prove corpus delicti the public prosecutor showed there had

been injuries, losses, and illegal activity caused. To prove that someone has suffered a

wound, Visum et Repertum is needed. To find out the cause of the victim's injury.

Visum et repertum includes evidence in the form of letters. To decide a case the

judge must have at least 2 (two) valid evidence. For this reason, visum et repertum must

be confronted with other evidence along with a material conviction that a criminal act

occurred and the defendant is guilty and committed the act.

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