Kedudukan dan Keabsahan Hasil Pemeriksaan Poligraf Dalam Sistem Pembuktian Pidana di Indonesia: Tinjauan Prinsip Peradilan yang Adil (Fair Trial)

Abstract

This thesis mainly discuss two problems. First, where is the position of the polygraph examination as evidence in Indonesian criminal justice system? Second, how admissible the polygraph examination as evidence in cirminal trial from the perspectives of fair trial principles? By combining the literature research method with interview, this thesis aims to study the position and admissibility of the polygraph examination as evidence in Indonesian criminal justice system, reviewed from the fair trial principles. This thesis concludes that the position of the polygraph examination as evidence in Indonesian criminal justice system would be categorized as real or physical evidence, which could further developed as a document, an expert witness, or an indication. Aside from that, the admissibility of polygraph is quite important to discuss. Until now, the practices of polygraph examination in Indonesia relies heavily on the qualification and expertise of the examiners, which have not been standardized. In addition, the procedures and techniques of the polygraph examination demands a substantial interpretation to the changes in the defendant’s body reaction as well as the answer of the examinee, , the law enforcement, especially the judges, should apply the fair trial principles as a main basis of analysis when considering the polygraph examination as a scientific evidence in the criminal trial. It should scrutinize whether the examination was voluntary, the defendant gives his/her consent to be examined, the availability of legal council during the examination, the examinee could freely answer the questions as well as getting a complete information about the procedures, techniques, and all possible impacts of the examination. If these principles are note applied, the polygraph examination will become invalid as evidence in the courts.