Kekuatan Alat Bukti Keterangan Saksi yang Memiliki Hubungan Darah dengan Terdakwa dalam Tindak Pidana Pencurian dalam Keluarga

The strength of evidence from witnesses who have family ties to the defendant in the crime of theft in the family, the process of examining witnesses is the main evidence in a crime. The purpose of this study is to reveal the strength of the evidence of witnesses who have blood relations with the defendant in the evidentiary process and barriers to proof by using evidence of witnesses who have blood relations with the defendant in the crime of theft in the family. The research method used is normative legal research. Sources of primary and secondary legal materials. Legal materials that have been obtained from the literature study and the approach to legislation were analyzed using a systematic interpretation technique. The results of the study reveal that witness testimony is very necessary in the trial in order to provide appropriate sanctions for the defendant. The barrier to proof from witness statements who have family relationships and ties is if the minimum principle of proof cannot be proven. It can be concluded that the strength of the testimony of a witness who does not take an oath, cannot be considered as evidence, but only information that is considered by the judge.

Towards Secure, Decentralised, and Privacy Friendly Forensic Analysis of Vehicular Data

The automotive industry has been transformed through technological progress during the past decade. Vehicles are equipped with multiple computing devices that offer safety, driving assistance, or multimedia services. Despite these advancements, when an incident occurs, such as a car crash, the involved parties often do not take advantage of the technological capabilities of modern vehicles and attempt to assign liability for the incident to a specific vehicle based upon witness statements. In this paper, we propose a secure, decentralized, blockchain-based platform that can be employed to store encrypted position and velocity values for vehicles in a smart city environment. Such data can be decrypted when the need arises, either through the vehicle driver’s consent or through the consensus of different authorities. The proposed platform also offers an automated way to resolve disputes between involved parties. A simulation has been conducted upon a mobility traffic dataset for a typical day in the city of Cologne to assess the applicability of the proposed methodology to real-world scenarios and the infrastructure requirements that such an application would have.

Witness Statements for Employment Tribunals in England and Wales: What are the ‘Issues’?

In England and Wales, Employment Tribunals (ETs) hear claims from persons who believe that an employer, or potential employer, has treated them unlawfully. Witness statements form part of the evidence considered by ETs, but research is lacking with regard to the methods used to produce ET witness statements. This study presents the findings from 40 semi-structured interviews with ET judges, panel members, employment lawyers (solicitors, barristers, advisers) and litigants. Our data revealed six themes: professional processes, enabling through case management, presentation preferences, challenges for litigants in person, availability and quality of resources, and lack of training. Participants felt that the quality of witness statements varied amongst those prepared by professional advisors and by litigants in person. Our interviews revealed almost no evidence of practitioner training on how best to prepare a witness statement. We make recommendations about guidance and training for those tasked with drafting witness statements.

SUATU KAJIAN YURIDIS TERHADAP PENGGUNAAN ALAT BUKTI ELEKTRONIK DALAM KEJAHATAN CYBER DALAM SISTEM PENEGAKAN HUKUM

Abuse in the electronic transaction because it is formed from an electronic process, so the object changes, the goods become electronic data and the evidence is electronic. Referring to the provisions of positive law in Indonesia, there are several laws and regulations that have set about electronic evidence as legal evidence before the court but there is still debate between the usefulness and function of the electronic evidence itself, from that background in The following problems can be formulated, How do law enforcement from investigations, prosecutions to criminal case decisions in cybercrimes and How is the use of electronic evidence in criminal case investigations in cybercrimes This research uses normative research methods that are moving from the existence of norm conflicts between the Criminal Procedure Code and ITE Law Number 19 Year 2016 in the use of evidence. The law enforcement process of the investigator, the prosecution until the court's decision cannot run in accordance with the provisions of ITE Law Number 19 of 2016, because in interpreting the use of electronic evidence still refers to Article 184 paragraph (1) KUHAP of the Criminal Procedure Code stated that the evidence used Legitimate are: witness statements, expert statements, letters, instructions and statements of the accused so that the application of the ITE Law cannot be applied effectively The conclusion of this research is that law enforcement using electronic evidence in cyber crime cannot stand alone because the application of the Act - ITE Law Number 19 Year 2016 still refers to the Criminal Code so that the evidence that is clear before the trial still refers to article 184 paragraph (1) KUHAP of the Criminal Procedure Code and the strength of proof of electronic evidence depends on the law enforcement agencies interpreting it because all electronic evidence is classified into in evidence in the form of objects as so there is a need for confidence from the legal apparatus in order to determine the position and truth of the electronic evidence. Penyalahgunaan didalam transaksi elektronik tersebut karena terbentuk dari suatu proses elektronik, sehingga objeknya pun berubah, barang menjadi data elektronik dan alat buktinya pun bersifat elektronik. Mengacu pada ketentuan hukum positif di Indonesia, ada beberapa peraturan perundang-undangan yang telah mengatur mengenai alat bukti elektronik sebagai alat bukti yang sah di muka pengadilan tetapi tetap masih ada perdebatan antara kegunaan dan fungsi dari alat bukti elektronik itu sendiri, dari latar belakang tersebut di atas dapat dirumuskan masalah sebagai berikut, Bagaimana penegakkan hukum dari penyidikan, penuntutan sampai putusan perkara pidana dalam kejahatan cyber dan Bagaimanakah penggunaan bukti elektronik dalam pemeriksaan perkara pidana dalam kejahatan cyber Penelitian ini menggunakan metode penelitian normatif yakni beranjak dari adanya konflik norma antara KUHAP dengan Undang-undang ITE Nomor 19 Tahun 2016 dalam penggunaan alat bukti. Proses penegakkan hukum dari penyidik, penuntutan sampai pada putusan pengadilan tidak dapat berjalan sesuai dengan ketentuan Undang-undang ITE Nomor 19 Tahun 2016, karena dalam melakukan penafsiran terhadap penggunaan alat bukti Elektronik masih mengacu pada Pasal 184 ayat (1) KUHAP disebutkan bahwa alat bukti yang sah adalah: keterangan saksi, keterangan ahli, surat, petunjuk dan keterangan terdakwa. sehingga penerapan Undang-undang ITE tidak dapat diterapkan secara efektiv. Kesimpulan dari penelitian ini adalah penegakan hukum dengan menggunakan alat bukti elektronik dalam kejahatan cyber tidak bisa berdiri sendiri karena penerapan Undang-Undang ITE Nomor 19 Tahun 2016 tetap merujuk kepada KUHP sehingga alat bukti yang sah di muka persidangan tetap mengacu pada pasal 184 ayat (1) KUHAP dan Kekuatan pembuktian alat bukti elektronik tersebut tergantung dari aparat hukum dalam menafsirkannya karena semua alat bukti elektronik tersebut digolongkan ke dalam alat bukti berupa benda sebagai petunjuk sehingga diperlukan juga keyakinan dari aparat hukum agar bisa menentukan posisi dan kebenaran dari alat bukti elektronik tersebut.

Worlds of evidence

The Hillsborough football stadium disaster (1989) in Sheffield, UK, led to the deaths of 96 football fans and resulted in the longest jury case in British legal history (2016). This article examines the witness statements of two Sheffield residents who claim to have attended the match. Using a mixed-methods approach that incorporates a cognitive linguistic framework (Text World Theory) with visualisation software (VUE) we consider both form and function of a number of linguistic features, such as meta-narrative, evaluative lexis, syntax, and modality to investigate how institutional voices permeate and potentially distort layperson narratives. Our analysis casts doubt on the veracity of the statements and raises questions about what can be considered evidential in a forensic investigation.

Do Livestock Injure and Kill Koalas? Insights from Wildlife Hospital and Rescue Group Admissions and an Online Survey of Livestock–Koala Conflicts

Koala populations in Australia are declining due to threats such as chlamydiosis, wild dog predation and vehicle collision. In the last decade, grazing livestock emerged anecdotally as a threat to koala survival in areas where koala habitat and livestock grazing land overlap. This is the first study investigating the significance of livestock-inflicted injuries and deaths in koala populations over a large spatial and temporal scale. We investigated the outcome, scale, and frequency of livestock–koala incidents via an online survey and analysed koala admission records in Queensland wildlife hospitals and a wildlife rescue group (Wildlife Victoria) in Victoria. The results provide evidence of both livestock-inflicted injuries and deaths to koalas, especially as these have been confirmed by witness statements. The outcomes for the koala victims of the incidents were severe with a 75% mortality rate. The reported frequency of livestock–koala incidents was low but increasing, with 72 cases (0.14% out of 50,873 admissions) in Queensland wildlife hospitals during 1997–2019, and 59 cases (0.8% of 7017 rescue records) in Wildlife Victoria during 2007–2019. These incidents were likely to be under-reported due to the remoteness of the incident location, possible mis-diagnoses by veterinarians and the possible reluctance of farmers to report them. Future research is encouraged to explore the mechanics and causes of livestock–koala incidents and to develop management strategies to minimise the livestock threat to koalas.

Tinjauan Yuridis terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps)

Protection for babies has started since in the womb. In accordance with article 2 Burgerlijk Wetboek that a child who is still in his mother's womb is considered a legal subject as long as the interests of the child are desired. However, nowadays cases of infanticide often occur, so in this case legal protection is needed. The purpose of this research is to analyze the regulation of criminal sanctions for the perpetrators of the crime of infanticide and the judge's consideration of the perpetrators of the crime of infanticide. The type of research used in this paper is a normative law research type with a statutory and conceptual approach. The sources of legal materials used are primary and secondary legal materials. After the data is collected, then the data is analyzed systematically. The results of the research reveal that the setting of sanctions for perpetrators of the crime of infanticide is as regulated in Law Number 35 of 2014 concerning Child Protection. The judge's considerations in making a decision against the perpetrators of the crime of infanticide which resulted in death, include; witness statements that have been submitted by the public prosecutor before the trial, based on the testimony of the defendant at the trial and based on the elements of the crime charged by the public prosecutor in the single indictment have been fulfilled.

Tinjauan Yuridis Terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps)

Protection for babies has started since in the womb. In accordance with article 2 Burgerlijk Wetboek that a child who is still in his mother's womb is considered a legal subject as long as the interests of the child are desired. However, nowadays cases of infanticide often occur, so in this case legal protection is needed. The purpose of this research is to analyze the regulation of criminal sanctions for the perpetrators of the crime of infanticide and the judge's consideration of the perpetrators of the crime of infanticide. The type of research used in this paper is a normative law research type with a statutory and conceptual approach. The sources of legal materials used are primary and secondary legal materials. After the data is collected, then the data is analyzed systematically. The results of the research reveal that the setting of sanctions for perpetrators of the crime of infanticide is as regulated in Law Number 35 of 2014 concerning Child Protection. The judge's considerations in making a decision against the perpetrators of the crime of infanticide which resulted in death, include; witness statements that have been submitted by the public prosecutor before the trial, based on the testimony of the defendant at the trial and based on the elements of the crime charged by the public prosecutor in the single indictment have been fulfilled.

ANALISIS YURIDIS BUKTI DIGITAL (DIGITAL EVIDENCE) DALAM PEMBUKTIAN PERKARA TINDAK PIDANA UJARAN KEBENCIAN PADA PUTUSAN PENGADILAN NEGERI MEDAN NO. 3168/PID.SUS/2018/PN.MDN

Law No. 8 of 1981 concerning the Criminal Procedure Code (hereinafter referred to as the Criminal Procedure Code), has set the evidence that can be done in front of the trial. Article 183 of the Criminal Procedure Code implies that a minimum of 2 (two) valid evidence are required. Article 184 paragraph (1) of the Criminal Procedure Code regulates valid evidence, namely: witness statements; expert statements; letter; instructions; and the statement of the defendant. However, since the trial of Jesica Kumala Wongso which was broadcast on television almost every day, it turns out there is one more proof that is not contained in the Criminal Procedure Code, namely: digital evidence. The object of this study is the Medan District Court Decision No. 3168/Pid.Sus/2018/PN.Mdn., Dated May 23, 2019, concerning the use of digital evidence An. Defendant HDL Alias ​​Himma for alleged "criminal acts of hate speech". Law No. 11 of 2008 as amended by Law No. 19 of 2016 concerning Amendments to the Information and Electronic Transaction Law which governs electronic evidence. The problems in this study, namely: the position of proof of digital evidence before the trial is associated with criminal conviction; use of digital evidence in criminal acts of hate speech on social media; and juridical analysis of digital evidence in proving criminal acts of hate speech in Medan District Court Decision No. 3168/Pid.Sus/ 2018/PN.Mdn.