Kewajiban Sumpah Saksi di Persidangan Dengan Moralitas Hukum Menurut Perspektif Immanuel Kant

Abstract

According to paragraph three of article 160 of the Criminal Procedure Code, witnesses must swear under oath that they will tell the truth and nothing but the truth while testifying. Since statements made by witnesses under oath or promise are admissible in court as evidence, it follows that the oath of a witness is effective in encouraging them to tell the truth. If a witness is motivated to tell the truth, it is because they are fulfilling their duties as a witness. However, can it be ensured that by imposing an obligation (oath) the witness will provide true information? The purpose of this research is to find out why the witness's oath at trial must fulfill the aspects of legality and morality in the perspective of Immanuel Kant's moral law and the concept of the truth value of witness testimony as referred to in Article 160 paragraph (3) from the Penal Code's Articles of Procedure This investigational strategy is a normative legal approach that takes a legislative, intellectual, and philosophical stance. The results of this study are the obligation of witnesses to swear an oath and witnesses are obliged to take an oath before giving statements to confirm the truth of the information they provide, by pronouncing an oath according to the religion that the witness adheres to, it is estimated that it will minimize the possibility of witnesses giving false or false statements and not being true Witness oath according to Immanuel Kant's morals an act can be morally good or bad, and it is only if it is done freely and stems from respect for the moral law, not from a desire to fulfill a desire for happiness.