KEKUATAN PEMBUKTIAN ALAT BUKTI KETERANGAN SAKSI TESTIMONIUM DE AUDITU YANG DIBACAKAN DALAM PERKARA PERSETUBUHAN ANAK DIBAWAH UMUR OLEH AYAH KANDUNG (Studi Putusan Nomor 284/Pid.Sus/2025/PN Mlg)

This study describes the evidentiary value and the judge's consideration of Testimonium de Auditu witness testimony read in a case of sexual intercourse with a minor by her biological father, using Case Number 284/Pid.Sus/2025/PN Mlg as a case study. The background to this study is Constitutional Court Decision Number 65/PUUVIII/2010, which broadens the meaning of witness, and the discovery of decisions related to Testimonium de Auditu. This study uses empirical juridical research with a case approach. The legal materials used in this study are primary, secondary, and tertiary data with data collection techniques through interviews, observation, documentation, and data analysis. The results of this study indicate that the probative value of Testimonium de Auditu witness testimony read aloud is not valid as legal evidence, has no probative value, and that witness HS's reason does not constitute a valid obstacle in accordance with the provisions of the Criminal Procedure Code. The judge's consideration in assessing the Testimonium de Auditu witness testimony that was read out violated the principle of due process of law, so that the Defendant has the right to file legal remedies such as an appeal or cassation after the verdict is handed down to the Defendant.