Leader: Dr. dr. H. Taufik Suryadi, Sp.F(K), Dipl-BE
Bagian/SMF Ilmu Forensik dan Medikolegal
Fakultas KedokteranUniversitas Syiah Kuala Introduction In completing a case, proof can be done based on Judicia aquae, Judicia ignis , Judicia ovae, and Judicia Dei.
By the time, searching the evidence can be more
practice and precise.
As the development of science and technology, a proof
of evidence is carried out scientifically. Definition
Silent witness is a proof of scientific evidence by utilizing
knowledge and advances in technology.
To examine the evidence, the role of expert is needed so that
the evidence “can be related to what happened”.
The knowledge of examining evidence to the interest of
judiciary known as the forensic science In criminalistic evidence, Locard’s exchange principle said that when any two objects come into contact, there is always transference of material between them, so he formulated the basic principle of forensic science as: ” every contact leaves a trace”
Not only the fingerprints or footprints, but the hair, the
fibers from clothes, the broken glass, the tool mark he leaves, the paint he scratches, and the blood or semen he deposits or collects. All of these and more, can bear as silent witness Medikolegal Aspect
Based on KUHAP article 184 paragraph 1, the valid
evidence includes : 1. Witness testimony 2. Expert testimony 3. Letter 4. Directions 5. Defendant’s information Article 27 paragraph 1 KUHAP • Witness testimony is the information given based on itself, he saw by himself, and he experienced it himself by stating the reason for his knowledge.
Article 27 paragraph 1 KUHAP
• Expert testimony is the statement given by someone who has special expertise about the things needed to make a litigation of a criminal case for the purpose of examination. Article 187 and 188 KUHAP • Letter and directions use as the proof which is inform the actions, events, or cimrcumtance indicating a crime has occured and who is the the perpetrator.
Article 189 KUHAP
• Defendant’s information is what the defendant said when he was put on trial on notes. (Corpus delicti)
Corpus delicti, known as “the body of crime” is a term
referring to the principle that a crime must be proved to have occured before a person can be convicted of committing that crime. Corpus delicti is all the fact of a crime has been actually committed.
All the fact of crime has been comitted known as
physical evidence.
The forensic science which is responsible for examining
many types of physical evidence by analitic means known as criminalistics. However, during collection or inspection may change, disturb, or damage the evidence and the crime scene.
So, the thing that matters is “to touch as little as
possible and to displace nothing”. This would avoid and doesnt add or reduce the evidence.
Biologic fluids and material may be transferred
between the victim and the crime can prove a relationship. Blood examining
Blood identifying show how the spatter to the position of
the victim during the case. This can ilustrate the approximate distance between the floor and the source of the bleeding and the direction of movemnet of the source both victim and the perpetrator of the crime.
Thus, an effort is made to establish a positive
relationship between the specimen and a victim or suspect. Semen examining
The semen on the victim’s clothing and the
environment around the victim can be easily examined through various methods, like: - Visual - Smell - Palpation - Ultraviolet x-ray Pemeriksaan Rambut
Hair analysis is an important tas of the
criminalist. Every specimen should be determined the origin’s species. Hair provides an excellent form of trace evidence.
Hair as well as fibers may be found when
physical contact between the assailant and the victim. Conclusion
Silent witness is the form of evidence (corpus delicti)
from the victim, the perpetrator, and the scene of the crime. In medicine, the study of all evidence called as forensic medicine The help from doctor’s assistance as an expert can only be submitted at the level of investigation, additional investigation, and the level of examination in the trial court.