Analysis of the Evidentiary Process in the Investigation of Sexual Intercourse Crimes Against Minors at the South Halmahera Regional Police

Abstract

This study aims to analyze the evidentiary process in the investigation of the criminal offense of sexual intercourse against a child at the South Halmahera Regional Police and to examine the obstacles encountered by investigators. This empirical juridical research was conducted from 9 to 31 March 2026 and focused on one investigation file. Primary data consisted of an interview with one assistant investigator and examination of the investigation documents, including the police report, statements recorded in the BAP of the victim, witnesses and suspect, the Visum et Repertum, and other investigation documents. Access to the case file was obtained through official permission from the South Halmahera Regional Police. Data were analyzed qualitatively through data reduction, classification, comparison between interview and document data, interpretation, and conclusion drawing. Because the police report was issued in 2025, the applicability of the procedural law was assessed with reference to the transitional provisions of Article 361 of Law No. 20 of 2025 on the Criminal Procedure Code, particularly the date on which the investigation commenced. The findings show that the investigation constructed the case through the interrelation of witness statements, medical/expert evidence, documentary evidence, and the suspect's statement, while the evidentiary standard at the investigation stage must be distinguished from the standard of proof at trial. The study also identifies obstacles relating to the condition of the child victim, the limited availability of direct witnesses, the timing of medical examination, and coordination in collecting evidence.