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VOL. 10, ISSUE 4 (2024)
The power of polygraph results as evidence in trial
Authors
Agung Prasetya, Markoni, Nardiman
Abstract
The Polygraph/Lie Detector is what is often discussed lately because it
involves examining big cases such as Joshua's shooting. Law enforcement is one
of the main pillars in the country. In the concept of an integrated criminal
justice system, the development of the legal apparatus is manifested through
empowering the legal profession starting from investigators, public
prosecutors, legal advisors, judges and correctional institutions, and judges as
implementers of law enforcement in the judiciary. Knowing how the process of
using polygraph results can be used as evidence in court and what the position
of polygraph results is in the criminal evidence system is important when
submitting polygraph results as evidence. Based on the Criminal Procedure Code,
articles 183 and 183 regulate at least two pieces of evidence (witness
statements, expert statements, letters, instructions, defendant's statements)
so that judges can gain confidence when making legal decisions. With normative
legal research and descriptive juridical explanations to describe and analyze
actual problem objects through secondary legal materials. Polygraph settings
are in Perkap No. 10 of 2009 and Perkaba no. 1 of 2022 and implement Work Instructions
(IK), where after the polygraph examination is carried out, a Polygraph
Examination BA is issued, and from the BA Examination and Oath investigator,
the file is handed over to the prosecutor's office, once complete (P-21), the
labfor team is invited to attend the trial, and in front of the judge will
answer all questions related to the polygraph examination. The position of the
polygraph results as evidence is attached to KUHAP article 184 paragraph 1 as a
letter for all Minutes that have been submitted, expert statements and
instructions during the trial. The results of the polygraph as evidence at
trial have been recorded in Supreme Court decisions which can be accessed
online.
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Pages:24-29
How to cite this article:
Agung Prasetya, Markoni, Nardiman "The power of polygraph results as evidence in trial". International Journal of Law, Vol 10, Issue 4, 2024, Pages 24-29
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