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September 10, 20250 citations

Witness Trapping in False Testimony Cases

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FMFatimah MaisarahLALa Ode Bunga Ali

Key Points

  • Witness trapping manipulates testimony, threatening the integrity of justice systems and leading to wrongful convictions.
  • False testimony is treated as a crime and sin per Qanun Jinayat, exposing cultural and legal complexities in enforcement.
  • Preventive mechanisms in the Criminal Code and Qanun Jinayat vary, highlighting gaps in protecting witnesses and ensuring justice.
  • Recommendations include enhancing legal protections and integrating ethical-religious education to mitigate witness manipulation effectively.

Abstract

This study examines witness trapping in false testimony cases from criminal law and Qanun Jinayat perspectives. Witness trapping, the manipulation of witnesses to provide fabricated testimony, undermines judicial integrity and risks miscarriages of justice. While Indonesia's Criminal Code (KUHP) and witness protection laws address false testimony, enforcement gaps persist. In Aceh, Qanun Jinayat incorporates Islamic legal principles, treating false testimony (syahadah al-zur) as both a crime and sin. The research compares these frameworks, analyzing their preventive mechanisms and sanctions. Findings suggest Qanun's religious-legal hybrid approach offers unique deterrence through moral accountability, complementing conventional legal sanctions. The study recommends strengthening legal protections while integrating ethical-religious education to combat witness trapping more effectively.

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Cite This Study

Maisarah et al. (2025) studied this question.

synapsesocial.com/papers/68c1c31254b1d3bfb60f063bhttps://doi.org/10.64317/alqadha.v1i1.5
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Trapping Witnesses Who Give False Testimony Study of the Criminal Code and Qanun Law2025
  2. 2False testimony in criminal law: between the protection of public interest and the safeguard of individual rights2025
  3. 3Tabayyun as a Mechanism for Verifying Criminal Cases in Islamic Criminal Law: An Analysis of QS al-Hujurat Verse 62025
  4. 4The Position of The Defendant’s Statement as Evidence in The Perpective of Islamic Criminal Justice2025
  5. 5Juridical Review of Witness Evidence in Criminal Case Trials Who Refuse to Take an Oath2025