Penerapan Putusan Hakim Atas Hak Pemeliharaan Anak (Hadhanah) Akibat Perceraian di Pengadilan Agama Sukoharjo (Perkara Nomor: 139/Pdt.G/2023/PA.Skh)

Abstrak

The primary objectives of this study are to (1) analyse the justification for employing verbal witnesses in Case No. 171/Pid.B/2018/PN Pli, (2) evaluate the evidentiary value of such testimony, and (3) draw conclusions regarding the judge's decision-making pattern in cases involving aggravated theft and the use of verbal witnesses. This study employs normative legal research methodology. The research presents both analytical and descriptive data. The data used in this research is derived from secondary sources, including primary, secondary, and tertiary legal texts. An effective approach to acquiring information involves the examination and analysis of several documents. This research included a combination of deductive reasoning and qualitative analytical methods. Based on the study, the judges at the Pelaihari District Court concluded that the oral witnesses presented by the public prosecutor were biassed and lacked impartiality due to their personal interest in the case's outcome. As a result, the Panel of Judges accepted the defendants' request to revoke the BAP, as stated by the author. Unsuitable factors to take into account. The reason for presenting verbal witnesses in case Number 1118 K/Pid/2018 was that the Defendants retracted all the material in the BAP, claiming that they had given their testimonies under duress and were not acting freely. The information provided by the verbal witness in the trial has limited strength and is not influenced by other factors. Verbal witness testimonies need corroboration from a minimum of two other pieces of evidence.