Visum is a term that is often used in the medical world, but it is also closely related to legal matters because visum is often required as a means of evidence in the criminal justice process i.e., the process of investigating a crime of violence or murder. This article will further discuss the regulation, function and structure of visum.
A. Regulations on Visum et Repertum
Budiyanto in his book “Ilmu Kedokteran Forensik”, Visum (Visum et Repertum, “VR”) is a written statement made by a doctor at the official written request of an investigator regarding a medical examination of a human being, whether living or dead, or parts of the human body in the form of findings and interpretations, carried out under oath and for the benefit of justice. In the Indonesian Criminal Procedure Code, VR is categorized as one of the pieces of evidence referred to as expert testimony. The expert testimony referred to here is what an expert states in court. Expert testimony is often used in court, especially in special criminal trials. Information given by experts can be in written form including in VR form. VR is regulated more strictly in Article 133 of the Indonesian Criminal Procedure Code, which stipulates that:
“(1) In the event that an investigator, for the sake of justice, handles a victim either injured, poisoned or dead allegedly due to an event constituting a criminal act, he is authorized to submit a request for expert testimony from a medical expert of the judiciary or a doctor and or other experts.
(2) The request for expert testimony as referred to in paragraph (1) shall be made in writing, in which the letter expressly states it aims to examine a wound or examine a corpse and or examine a post-mortem.”
B. Function of VR
VR also plays a role in the process of proving a criminal case against human health and mentality, where VR describes everything about the results of the medical examination contained in the news section, which can therefore be considered as a substitute for evidence. VR, as one of the legal means of evidence as written in Article 184 of the Indonesian Criminal Procedure Code, also contains the doctor’s statement or opinion regarding the results of the medical examination, which is contained in the conclusion section so that what has happened to a person can be known clearly by reading VR, and legal practitioners can apply legal norms to criminal cases involving the said body or human soul.
For investigators (Police/Military Police), VR is useful for uncovering cases. For Public Prosecutors, VR is useful for determining the articles to be charged, while for Judges, VR is used as a formal means of evidence to convict or acquit someone from prosecution. For this reason, it is necessary to make a Standard Operating Procedure (“SOP”) in a hospital regarding the procedure for implementing VR.
C. Structure of VR
The preparation of VR must meet the following general conditions:
- Typed on paper with the letterhead of the examiner agency
- Numbered and dated
- Include the word ”Pro Justitia” at the top left (left or center)
- Use good and correct Indonesian
- Not use abbreviations, especially when describing examination findings
- Not use foreign terms
- Signed and clearly named
- Stamped with the examiner’s agency stamp
- Treated as a letter that must be kept confidential
- Only given to investigators requesting VR.
- Copies are archived following generally accepted archival practices, preferably for up to 20 years
Furthermore, according to Hamdani N. in detail in his book “Medical Science of Justice”, VR is made by adhering the following structure:
- The word Pro Justitia, which must be listed at the top left, so VR does not need to be sealed.
- Introduction, which contains the identity of the VR applicant, the date and time when the application for VR is received, the identity of the doctor who carries out the examination, the identity of the object being examined when the examination is carried out, the place where the examination is carried out, and the reasons for requesting VR
- Reporting (Examination Results), which contains the results of an objective examination in accordance with what is observed, especially what is seen and found on the victim’s body or object being examined along with a description of its anatomical location, its coordinates (i.e., abscissa, the distance between the wound and the body’s midline; ordinate, the distance between wound and the nearest permanent anatomical point), type of wound or injury, its characteristics and size.
- Conclusion, which contains the results of interpretations that can be scientifically accounted for from the facts found by the doctor making the VR, which is associated with the intent and purpose of requesting the VR. This section must contain at least 2 (two) elements, namely the type of injury and violence, and the degree of qualification of the wound.
- Closing, which contains a statement that the doctor’s written statement is made by remembering or adhering the oath or promise when the doctor first accepted the job position, or made by taking an oath or promise first before carrying out the examination accompanied by a signature.
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Disclaimer: This article has been prepared for the sole purpose of scientific and marketing reading of ADCO Law. Thus, all writings published here are not a formal legal opinion from ADCO Law. Therefore, ADCO Law must be released from and/or cannot be held responsible for anything that is done by entities that use this paper outside the purposes of the ADCO Law.