By: Adam Ilyas – Direktur Eksekutif Yuris Muda Indonesia

Illustration(www.alomedika.com)

We often hear about the term Visum Et Repertum for a crime that causes or causes someone to be injured or die.

What is a visa et repertum?

Visum et repertum is a written statement made by a doctor at the request of a written (official) investigator regarding a medical examination of a human being, living or dead or parts of the human body, in the form of findings and interpretations, under oath and for the benefit of the judiciary. According to the Dictionary of Legal Terms, Visum et Repertum is a certificate or report from experts in the field of justice, specifically reports on examinations by doctors, and in criminal cases.

Based on these two understandings, I think the visum et repertum is a piece of evidence that is classified in the form of documentary evidence, where visum et repertum is used in terms of evidence in court.

Why not include expert testimony?

because expert testimony is information given before the court in accordance with his expertise as contained in Article 186 of the Criminal Procedure Code and Article 1 point 28 of the Criminal Procedure Code, while the visum et repertum is classified as documentary evidence even though the visum et repertum is made by someone who is an expert in the medical field because it is not submitted directly in court only through a written report on the results of the medical observation/examination of the victim made by an authorized official and only sworn in when the visum et repertum is made.

If during the investigation to the prosecution there is no visum et repertum, the judge in revealing the crime uses other evidence because the visum et repertum is only a substitute for other evidence. So if there is no visum et repertum, the judge cannot ask for a visum et repertum to be made. The judge can only ask to bring in an expert who is in accordance with the case being tried, namely a doctor into the trial.

In other cases, for example, an expert who previously made a visum et repertum was presented in court, he is an expert whose testimony is included in the evidence of expert testimony. However, the presence of an expert who makes visum et repertum in court does not change the qualifications of visum et repertum from documentary evidence to expert testimony evidence. Between the statements of the experts who made the visum et repertum before a court session and the visum et repertum as documentary evidence, there are two separate things.

The presence of an expert to the court is to explain the evidence for the visum et repertum, meaning that the statement of the expert making the visum et repertum is indeed true including the qualifications of the evidence for the expert testimony, but the expert’s statement aims to explain the evidence for the visum et repertum because basically it is evidence Letters cannot speak, so in certain cases they need to be studied.

Thus, it can be concluded that the visum et repertum which had previously been presented as documentary evidence did not change its qualifications to become evidence of expert testimony even though the maker of the visum et repertum was presented in court. The two are independent but interrelated.

With the explanation that I have conveyed, it should be noted that the expert testimony explaining the visum et repertum and the evidence of the visum et repertum cannot be used as a reason to convict someone without other evidence, even though in this context 2 pieces of evidence have been counted, namely expert testimony and documentary evidence.

Purpose of Visa Et Repertum

The purpose of making the visa is to assist legal officials in uncovering a case that is suspected of being the result of a criminal act related to the destruction of the body, health, and also human life.

This is based on Article 133 paragraph (1) of the Criminal Procedure Code which states that if an investigator considers it necessary and in the interests of the judiciary, when dealing with a victim, whether injured, poisoned or dead, it is suspected that an event constitutes a criminal act, he or she is authorized to submit a request for expert information to a medical expert. the judiciary or to doctors and or other experts.

Fill in the Visa Et Repertum

This expert certificate contains an opinion based on his expertise regarding a matter or a situation that is officially requested from him (Article 187 of the Criminal Procedure Code).

Therefore, in a Visum Et Repertum, first it is necessary to include the name of the treating doctor, the place and date of the examination, the sex of the victim, age, place and date of birth of the victim, the party requesting information on the date and number of the letter included in the introduction and begins with the words Pro Justisia.

The second part to include is the news section which lists the characteristics of the victim, from clothing, hair, skin color, etc., and the wounds on his body (if any). What is also important to include is the condition of the organs, if there is a possibility that someone’s death is not a direct result of injury from abuse or a collision but rather due to shock or indeed there is an illness in the body.