EXPERT POSITION IN EVIDENCE CASE SPREAD HATE INFORMATION

Mutia Rabiatussifa 

ABSTRACT 

The purposes of this study are 1) To find out and analyze the legal arrangements related to the position of the expert in determining the elements of information that cause hatred and 2) To find out the legal consequences if the expert's statement contradicts other evidence in assessing the element of spreading information that causes hatred.

According to the results of this thesis research, it shows that: First, the legal arrangement of the position of the expert in determining the elements of information that cause hatred is an important category, because it makes light of a case, the Criminal Procedure Code states in Article 184 Expert testimony is one of the legal evidence. So if in a hate speech crime case it is known that only 1 piece of evidence in the form of instructions can be obtained, it can be enhanced by presenting a statement from an expert because Article 183 of the Criminal Procedure Code states that a person cannot be convicted if there is not yet at least two valid pieces of evidence, then the evidence is in the form of a statement. Experts have an equal position with other legal evidence such as witness statements, letters, instructions and statements of the defendant. Second, if the expert's statement contradicts other evidence in assessing the element of spreading information that causes hatred, it can be categorized into several legal consequences, namely: It can result in the loss of other evidence and can be in the form of expert testimony. No. 72 K/Kr/1961 dated March 17, 1962 which has a legal rule that judges are not bound by the opinion of an expert if that opinion contradicts the judge's belief.

Keywords: Expert Position, Evidence, Hatred.