PENGAMBILAN SUMPAH TERHADAP SAKSI YANG MEMBERI DALAM PERKARA PIDANADI PENGADILAN

This thesis is entitled, “Swearing an Oath toward Witness Testimony in Criminal Court.” An oath is something that is sacred and is believed to result in sanctions if violated sin. An oath is expected that witness can give correct information. Beside that, the witness testifying under oath has become positive law with a maximum sanction of 7 (seven) to 9 (nine) years imprisonment. In fact, there are several cases on perjuries occurring in various regions in Indonesia. Eventhough the witness have been sworn but they often state false information. The Procedure Act in criminal cases is based on UU No. 8 tahun 1981 on Procedure of Criminal Act (Hukum Acara Pidana / KUHAP). It declares, that witness testimony is one of the evidences. Swearing an oath toward witness is one of the requirements validity of witness evidence. The results that the swearing an oath toward witness in giving testimony is one of the requirements validity evidence statement of witness, but not an absolute requirement. The witness was not sworn testimony, to have the strength of proving the evidence of witness testimony if there was relevance with the sworn testimony of other witness. Judge's assessment of the witness' testimony was free. The judge was not bound by the witness' testimony. Witness under oath did not have the strength of proving the evidence of witness testimony if it stands alone or no relevance one witness to another witness or other evidences.