Visum Et Repertum As Evidence In The Crime Of Marital Rape

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Feby Reski Utami , Haeranah , Hijrah Adhyanti Mirzana


This study aims to examine the strength of visum et repertum as evidence in the crime of marital rape and the basis for the judge’s consideration in sentencing the perpetrator of marital rape. This research is a normative research using a statuory approach and case approach. The research was carried out through literature study for the collection of secondary data sources. The primary data source came from court decisions. The results showed that visum et repertum which was presented as evidence in cases of marital rape was used to fulfill the minimum principle of evidence in criminal law so that the perpetrators could be detained. Visum et repertum used as a documentary evidence in marital rape has absolute proving value if it is in agreement with other evidence. The juridicial considerations used by the judge in imposing a sentence to the perpetrator of marital rape are in accordance with the provisions of the Criminal Procedure Code (KUHP), namely based on evidence of witness testimony and a letter of visum et repertum. However, on the sociological considerations, the Judge has not addressed all broader aspects.

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