PERAN SAKSI AHLI KEBIDANAN DALAM PEMBUKTIAN PADA TAHAP PENYIDIKAN PERKARA KEKERASAN SEKSUAL TERHADAP ANAK DI WILAYAH HUKUM KEPOLISIAN RESOR BUNGO MUARA BUNGO PROVINSI JAMBI

Abstract

Doctors as experts are needed in relation to the function of legal aid, where all efforts boil down to seeking the truth as far as humans can achieve. In this case, the assistance provided by the doctor is in the form of expert testimony as valid evidence (Article 185 of the Criminal Procedure Code, paragraph 1). On Friday 14 July 2023 at 12.00 WIB, there was a criminal act of sexual intercourse with a minor by a 27 year old perpetrator with the initials A against a 15 year old victim with the initials J located in Muara Bungo. The formulation of the problem raised is: 1) What is the role of midwifery expert witnesses in providing evidence at the investigation stage of cases of sexual violence against children in the jurisdiction of the Bungo Police, Jambi Province?; 2) What obstacles do midwifery expert witnesses encounter in carrying out examinations for evidence at the investigation stage of cases of sexual violence against children in the jurisdiction of the Bungo Police, Jambi Province?; and 3) What efforts have been made by midwifery expert witnesses to overcome obstacles in carrying out examinations for evidence at the investigation stage of cases of sexual violence against children in the jurisdiction of the Bungo Police, Jambi Province? This type of research was carried out using empirical research methods (Socio Legal Research). Primary data sources were obtained from interviews with informants and secondary data were obtained from document studies. The data analysis technique is an inductive method, namely a method that goes from the specific to the general. With the results, 1) the role of expert witnesses in the implementation of expert testimony by doctors runs in accordance with applicable statutory provisions, 2) the obstacles faced are the lack of cooperation of some of the victims' families in carrying out post-mortems or medical examinations and 3) the efforts made are by carrying out a more communicative and humanist approach by doctors towards patients.