Analisis Yuridis Pengesampingan Visum Et Repertum dalam Kasus Ronald Tannur (Studi Kasus Putusan Nomor 454Pid.B2024PN.Sby Tentang Pembunuhan)

Abstract

A free verdict in a case of persecution that results in the loss of a person's life (Decision Number 454/Pid.B/2024/PN. Sby) became controversial because the panel of judges set aside the visum et repertum submitted by the public prosecutor as scientific evidence that should be a guideline in the evidentiary process. This study aims to analyze the legal arguments of the panel of judges in setting aside visum et repertum, examine its impact on the fulfillment of victims' rights, and formulate recommendations to strengthen the position of visum et repertum in the criminal proof system. This research is a literature review (library research) with a normative juridical approach that is descriptive-analytical using a qualitative content analysis method. Primary data sources include the Surabaya District Court Decision Number 454/Pid.B/2024/PN. Sby, Cassation Decision Number 1466 K/Pid/2024, as well as relevant laws and regulations. Secondary data sources include scientific journal articles and criminal procedure law textbooks. The results of the study show that the judge's argument in setting aside visum et repertum is based on a subjective assessment that the visum is not convincing enough and is not in accordance with the facts of the trial, which reflects the absence of a standard standard in the assessment of the evidentiary strength of visum et repertum in Indonesia. This exclusion has an impact on the non-fulfillment of victims' rights to justice and restoration, as well as weakening public trust in the judiciary. This study recommends the issuance of a Supreme Court Regulation on the power of proving visum et repertum, standardization of the manufacture of visum by forensic doctors, and increasing the capacity of law enforcement officials through forensic medical training to ensure that visum et repertum can no longer be arbitrarily excluded.