The Authority Of The Public Prosecutor In Proving The Crime Of Indecent Acts Through The Testimony Of Victim Witnesses

Abstract

Proving the crime of sexual abuse often encounters obstacles, especially because the criminal event is generally only known or experienced directly by the victim. The victim's witness statement has an important role in revealing the occurrence of the crime, but in the proof it must still be linked to other evidence in accordance with the provisions of criminal procedure law. This study aims to analyze the Public Prosecutor (JPU) in proving the crime of sexual abuse through the testimony of the victim's witness, as well as to examine the obstacles faced in the proof process. The study uses an empirical juridical method with a qualitative approach through interviews with the Public Prosecutor at the Medan District Attorney's Office and literature studies through laws and regulations, books, and scientific journals relevant to proving the crime of sexual abuse and the testimony of the victim's witness. The results of the study indicate that the Public Prosecutor has the authority to present, obtain, test, and link the victim's witness statement with other evidence to prove the elements of the crime charged. The victim's statement cannot stand alone, but must be correlated with other valid evidence, such as witness statements, expert statements, letters or results of field and forensic examinations, and electronic evidence. In practice, prosecutors face a number of obstacles, including inconsistent victim testimony, the absence of witnesses who directly witnessed the incident, the victim's psychological condition and trauma, the defendant's denial, and the victim's status as a child. Therefore, providing evidence through the victim requires careful prosecutors to assess the victim's testimony and connect it with other evidence, while still paying attention to the victim's protection and condition during the trial process.