EKSISTENSI SAKSI MAHKOTA KAITANNYA DENGAN SPLITSING DALAM PEMBUKTIAN PERKARA PIDANA

Abstract

Crown witness is a testimony provided by a defendant used as a witness
interchangeably or a defendant who becomes a witness for another defendant in the
separate trial dockets (splitsing) where the crime is an inclusion offense. The existence
of this crown witness is not strictly regulated in KUHAP, so that causing many juridical
problems. On one side the existence of crown witness can be justified since the
objective is to achieve sense of public justice. But in the other side the existence of
crown witness is not justified because it contradicts with the rights and sense of justice
of the defendant. Even the perception’s differences regarding crown witness also appear
in a variety of jurisprudences of the Supreme Court’s decisions of Republic of
Indonesia.