ANALISIS PEMERIKSAAN SAKSI MELALUI VIDEO CONFERENCE DIMASA PANDEMI CORONA VIRUS DISEASE 2019 DALAM PERSPEKTIF HUKUM PROGRESIF DAN PEMBAHARUAN HUKUM ACARA PIDANA

In criminal procedure law, proof is a provision that limits court hearings in an effort to find and defend the truth. Based on Article 184 of the Criminal Procedure Code, witness statements rank first among the list of other valid evidence, and in order for witness statements to be considered as valid evidence, in accordance with the provisions of Article 185 paragraph (1), Article 160 paragraph (1) letter a and Article 167 paragraph (1) of the Criminal Procedure Code, witness statements must be physically stated in the courtroom. So that the presence through electronic media, especially videoconference, can be said to be contrary to what has been determined in advance by the Criminal Code, and witness statements that are declared outside of court are considered not evidence and have no evidentiary power. However, on the day, with the chaos that hit the whole world due to the spread of the 2019 corona virus disease pandemic which was very deadly, there was an examination of witnesses in criminal cases through videoconference. When referring to formal legality, videoconferencing is not in accordance with the provisions of Article 160 paragraph (1) letter a and Article 167 of the Criminal Code. However, seeing the conditions at the time of the spread of COVID-19 which is very dangerous, for the health and benefit of justice seekers in the Republic of Indonesia, SEMA No.1 of 2020 and PERMA No.4 of 2020 broke through the criminal procedure law.