KEKUATAN ALAT BUKTI KETERANGAN SAKSI YANG MEMILIKI HUBUNGAN DARAH DENGAN TERDAKWA DALAM TINDAK PIDANA PENCURIAN DALAM KELUARGA (Studi Putusan Nomor 54/Pid.B/2018/PN Pwr)

Abstract

ABSTRACT The crime of theft within the family sphere is regulated in Chapter XXII Book II Article 367 of the Criminal Code. One of the evidences that can be used in the process of examining criminal cases in court is the testimony of witnesses. For example, the crime of theft in the family that occurred in 2018 ago in case Number 54/Pid.B/2018/PN Pwr, it was known that S 49 years old had stolen a motorcycle belonging to victim witness I. For his actions, S was sentenced to a crime and violated Article 367 ( 2) Criminal Code With the formulation of the problem in this study, namely: What is the strength of the evidence of witness statements who have blood relations with the defendant in the crime of theft in the family in Decision Case Number 54/Pid.B/2018/PN.Pwr? This type of research uses normative legal research. The data sources used are secondary data consisting of primary, secondary and tertiary legal materials. The data collection technique used a document study and the data were analyzed qualitatively. The results showed that the testimony of witnesses who were related by blood to the defendant of the crime of theft in the family was considered as valid evidence if given under oath carried out at the will of the witness and approved by the public prosecutor and the defendant.