The first requirement: the existence of valid evidence as stipulated by law

Valid evidence is evidence that meets formal and material requirements. The formal requirement of evidence is that the evidence must meet the provisions stipulated by law. The material requirement of evidence is that the evidence must be able to prove the defendant's guilt.

Based on Article 184 The Criminal Procedure Code, valid evidence includes:

  • Witness testimony
  • Expert testimony
  • Defendant's testimony
  • Documents
  • indications

The second requirement: the judge's conviction (conscience)

The judge's conviction is a conviction based on valid evidence that has been presented in court. This judge's conviction must be objective, rational, and free from prejudice.

The judge must carefully and thoroughly assess the evidence to determine whether the evidence is sufficient to prove the defendant's guilt. The judge must also consider all possibilities, including the possibility that the defendant is innocent.

If the judge is convinced that the defendant is guilty, the judge may impose a criminal sentence on the defendant. However, if the judge is not convinced that the defendant is guilty, the judge must acquit the defendant.

Source:

Sasangka, Hari, & Lily Rosita. (2003). The Law of Evidence in Criminal Cases. Jakarta: Mandar Maju.