REVISITING THE RELEVANCE OF UNUS TESTIS NULLUS TESTIS IN INDONESIA’S CRIMINAL EVIDENCE SYSTEM

Abstract

Purpose: This study aims to reexamine the relevance of the Unus Testis Nullus Testis principle (one witness is no witness) in Indonesia’s modern criminal evidence system. The principle, originally derived from Roman law, has long been embedded in the Indonesian Criminal Procedure Code (KUHAP) as a safeguard against wrongful convictions based solely on a single testimony. However, the rapid development of digital evidence and scientific proof raises a fundamental question about the continuing validity of this classical rule. Methodology/approach: This research employs a normative legal method with a statutory and conceptual approach. Primary data are drawn from KUHAP, the Law on Electronic Information and Transactions (ITE Law), and several Supreme Court decisions. The analysis is qualitative, emphasizing interpretation and synchronization between traditional evidentiary principles and modern forms of proof. Results/findings: The findings reveal that while the Unus Testis Nullus Testis principle remains legally binding under Article 185 paragraph (2) of KUHAP, its application in practice has become more flexible. The courts now tend to accept a single witness testimony when corroborated by other forms of evidence such as expert statements, electronic records, or material traces. Limitations: This study focuses solely on normative analysis without direct empirical examination of judicial practices. Contribution: This paper contributes to the development of criminal procedural law by proposing a progressive interpretation of Unus Testis Nullus Testis that aligns with digital-era evidentiary dynamics. Novelty: The novelty lies in integrating classical evidentiary principles with modern technological proofs to ensure fairness and accuracy in Indonesia’s criminal justice system.