TINJAUAN HUKUM TENTANG SURAT VISUM ET REPERTUM DALAM PROSES PEMBUKTIAN PERKARA PIDANA PEMERKOSAAN

Abstract

Crucial pieces of evidence in rape cases is the visum et repertum, which provides scientific and objective medical testimony. However, in practice, the visum often encounters obstacles such as procedural issues, timing, and law enforcement officers’ understanding of its role in the evidentiary process. This study aims to examine in depth the legal standing of the visum et repertum as evidence in rape cases, as well as to assess the effectiveness of law enforcement and the role of medical experts in the evidentiary process. The issues addressed include: the effectiveness of regulations and legal implementation in rape cases; the accountability of medical experts in issuing the visum et repertum; and the evidentiary strength of the visum et repertum as a foundation for proof in criminal rape cases. The research method used is juridical- empirical, with a descriptive-analytical approach. The findings indicate that, normatively, the legal framework for rape cases is well established, yet practical challenges remain, especially regarding the procedures for requesting a visum. The visum et repertum holds a significant position as documentary evidence in Indonesia's evidentiary system, but its strength relies heavily on the timeliness of the examination, the competence of the medical personnel, and the completeness of its format and content. From a legal theory perspective, the visum et repertum reflects the principles of the rule of law by reinforcing a fair legal process, embodying the principle of legal certainty in penal theory, and supporting an objective and scientific evidentiary approach. The visum et repertum can serve as a strong foundation for proving rape cases if conducted according to proper procedures, in a timely manner, and by competent and accountable experts. Therefore, enhancing coordination between law enforcement agencies and medical personnel, as well as strengthening the capacity of investigators and forensic doctors, is essential to achieve an effective and accountable evidentiary process.

Keywords: Visum et Repertum, Rape, Evidence, Criminal Offense, Criminal Procedure Law.