The Existence Of Visum Et Repertum Is Made Based On Medical Records As Evidence In The Negatief Wettelijk Bewijsstelsel System

Abstract

Visum et repertum (VeR) can be made not on the basis of a direct examination of the victim's condition, but takes information data derived from medical records. This circumstance will certainly cause a prejudice against the accuracy of the published VeR and will ultimately determine the value of the evidentiary strength of the VeR. It is very possible that there are indications of misuse of functions and games behind the creation of VeR, considering that in its creation there may be manipulation of the data made. Misappropriation of VeR can occur because there are many interested parties so that in its application it does not place the VeR in its function as accurate evidence. The focus of the study discussed in this study is how the existence of VeR made based on medical records as a valid evidence in the judicial process? and Is visum et repertum sourced from medical records acceptable as evidence in the negatief wettelijk bewijsstelsel system? This research is a normative legal research, using a legislative approach and a conceptual approach. Emphasis is placed on literature studies and analyzed using the theory of legal certainty and bewijstheorie. The results of the study show that VeR made based on medical records has the same existence as other evidence and the regulation regarding evidence in the Criminal Code does not show the existence of a hierarchy of evidence. Proof in the negatief wettelijk bewijsstelsel system requires a balance between the existence of evidence and the judge's conviction. In order for VeR to be valid evidence and have an existence, the process of making it must follow applicable legal rules.