scholarly journals Analisis Laporan Kepolisian No: B.210 /VIII/2018/JAMBI/SPKT.C Mengenai Alasan Dihentikannya Penyidikan Perkara Perkosaan Anak

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 549
Author(s):  
M Rudi Hartono ◽  
Lilis Winantri
Keyword(s):  
Child Protection ◽  
Social Life ◽  
Criminal Investigation ◽  
Criminal Case ◽  
Public Prosecutor ◽  
Criminal Cases ◽  
Police Report ◽  
The Republic ◽  
A Minor ◽  
Child Rape

The police are part of the criminal justice system as contained in the provisions of the Criminal Procedure Code and other laws, this system has the power to conduct investigations and investigations of crimes. The investigative authority is applied to the perpetrator in a criminal act or the investigative authority is enforced, and the case has been coordinated with the public prosecutor since the first wave of investigation. The same mistake. The criminal cases studied in this paper are based on the author's research data at the Directorate of General Criminal Investigation, Sub-Directorate IV of the Jambi Regional Police. This involves the Police Report Letter No: LP/B/210/VIII/2018/Jambi/SPKT “C” which contains the alleged crime of rape or intercourse with a minor. Perpetrators are threatened with articles 81 and 82 of the Law of the Republic of Indonesia Number 35 of 2014 (Revised Law on Child Protection of the Republic of Indonesia Number 23 of 2002). Investigators may still encounter obstacles in investigating criminal acts of raping a suspect or having sex with a minor. Not all criminal cases of rape or sexual intercourse of minors that are handled at the investigation level can be transferred to the court by the prosecutor as a public prosecutor in the process of further investigation. In this case, investigators at Sub-Directorate IV of the Directorate of General Criminal Investigation (Ditreskrimum) of the Jambi Regional Police also have the authority to not continue the investigation process or stop the investigation (SP3) in this criminal case based on considerations that the criminal case processed is not a criminal act, lack of evidence or other legal considerations. The objectives of this study are: First of all, I want to know and analyze how investigators handle cases of child rape perpetrators (case investigation, police report number: B. 2018 / Jambi / SPKT “C”). Child rape is (Police Report Number: B.210 / VIII/2018 / Jambi / SPKT "C"). The research method used in this research is Socio Legal Research, which is studying the practice of law or legislation that applies in the social life of the community. Descriptive research specifications, namely describing and analyzing a legal event that has occurred by describing the existing events. 

FEATURES OF SUBJECTIVE REGULATION OF THE INVESTIGATOR'S ACTIVITIES DEPENDING ON ITS COMPLEXITY

2020 ◽  
pp. 117-126
Author(s):  
Марина Александровна Литвинова
Keyword(s):  
Criminal Investigation ◽  
Criminal Case ◽  
Criminal Cases ◽  
Simple Complex ◽  
Wide Range ◽  
Subjective Opinion ◽  
Internal Affairs ◽  
The Republic

В статье обосновывается концепция сложности деятельности следователя органов внутренних дел, которая обуславливается уровнем сложности уголовного дела, критериями которой выступают показатели темпоральности и процессуальной неопределенности. Дается характеристика понятиям «темпоральность» и «процессуальная неопределенность» в дискурсе расследования уголовного дела. Автор приходит к выводу, что увеличение сложности деятельности следователей, то есть появление в ней сравнительно широкого спектра проблем, затруднений и неопределенностей, приводит к возрастанию сложности функций психической регуляции. Каждая из функций когнитивного, аффективного, регулятивного, коммуникативного или конативного характера актуализируются в процессе расследования сложных уголовных дел. При написании статьи автором использован собственный опыт следственной практики по расследованию уголовных дел и данные проведенного исследования субъективного мнения следователей органов внутренних дел, осуществляющих деятельность на территории Республики Карелии, о критериях сложности расследования уголовного дела. Автором предложено в теоретическом дискурсе классифицировать сложность деятельности следователя на три уровня: простой, сложный и особо сложный, которые определяются рядом характеристик расследования уголовного дела. The article establishes the concept of complexity of the activity of the investigator of internal affairs bodies, which is determined by the level of complexity of the criminal case, the criteria of which are indicators of temporality and procedural uncertainty. The article describes the concepts of «temporality» and «procedural uncertainty» in the discourse of criminal investigation. The author comes to the conclusion that the increase in the complexity of the investigators ' activities, i.e. the appearance of a relatively wide range of problems, ambiguities, difficulties and uncertainties leads to an increase in the complexity of the functions of mental regulation. Each of the functions of a cognitive, affective, regulatory, communicative or conative nature is updated in the process of investigating complex criminal cases. When writing the article, the author uses his own experience of investigative practice in criminal cases and data from the study of the subjective opinion of investigators of internal Affairs bodies operating in the Republic of Karelia on the criteria for the complexity of criminal investigation. The author proposes to classify the complexity of the investigator's activity into three levels: simple, complex and particularly complex, which are determined by a number of characteristics of the criminal investigation.

On the Consideration of a Criminal Case Against a Minor by Jury

2021 ◽  
Vol 2 ◽  
pp. 90-96
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Case ◽  
Jury Trial ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Discussion ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.

scholarly journals Kebijakan Kepolisian Sektor Pemayung dalam Penyelesaian Tindak Pidana Penganiayaan Secara Restoratife Justice

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 592
Author(s):  
Ahmad Zulfikar
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Justice System ◽  
Secondary Data ◽  
Primary Data ◽  
Police Chief ◽  
Criminal Cases ◽  
Police Report ◽  
The Republic ◽  
National Police

Efforts to overcome crime through peace based on Restorative Justice, namely justice for all parties are greatly missed by everyone. In carrying out law enforcement duties, the State Police Investigator of the Republic of Indonesia has the duties, functions, and authorities in the field of investigating criminal acts in accordance with the applicable laws and regulations. Based on the Regulation of the National Police Chief Number .6 of 2019 concerning Criminal Investigation, it has a role to carry out prevention efforts without having to use the Criminal Justice System (SPP), namely by resolving cases through the peace process. This process is due to the desire of the community who wants the case to be completed immediately and no longer be complicated. The resolution can be supported by the police's discretionary authority so that the type of research is descriptive empirical juridical, using primary data by means of interviews and secondary data by means of documentation studies. Then all data were processed using qualitative data analysis. Based on the research results, the Pemayung Police Sector policy is to settle criminal cases peacefully (penal police), or through the settlement of criminal cases involving the perpetrator, victim and/or their family and related parties, with the aim of achieving justice for all parties/restorative justice can be carried out, if it does not cause public unrest or there is no community rejection, it will not have an impact on social conflict and the case is still in the process of investigation and investigation. So that it can be directed to a settlement by conducting mediation to the parties, both the victim and the suspect. From the results of the mediation, it was agreed by the parties, both from the reporting party and the reported party as a suspect, admitting all his actions. And from the results of the mediation there was an agreement with the parties (victim and suspect) and a letter of peace was made and the revocation of the Police Report by the victim but after that, the victim came and asked again for the case to be continued, the investigator explained that the agreement had become an agreement of both parties and was binding and the investigation has been discontinued.

scholarly journals Kedudukan dan Perlindungan Saksi Mahkota dalam Tindak Pidana Pencurian dengan Kekerasan (Studi Kasus Pengadilan Negeri Denpasar)

2020 ◽  
Vol 1 (1) ◽  
pp. 210-215
Author(s):  
Ni Made Elly Pradnya Suari ◽  
I Made Minggu Widyantara ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Legal Protection ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Public Prosecutor ◽  
Criminal Cases ◽  
Conceptual Approach ◽  
Procedure Code ◽  
The Republic ◽  
Verification Process ◽  
Article 50

The presence of witnesses in the evidence is the keyword in disclosing the facts of criminal cases. The crown witness is often present at court. However, there are many differences of opinion in the Jurisprudence regarding the use of crown witnesses in court because there is no legal regulation that explicitly regulates the use of crown witnesses in criminal justice. Based on these problems, this study described how the protection of the rights of defendants as crown witnesses in criminal acts of theft with violence and how the position of crown witnesses in criminal acts of theft with violence. This research was designed using a normative legal research method and a conceptual approach. In the Criminal Procedure Code, there is no prohibition for a defendant to provide information for other defendants as far as using a splitsing system so that defendants who are crown witnesses still receive legal protection. The decision of the Supreme Court Number 1942 K / PID / 2012 which in its verification process used a crown witness. In this case, the public prosecutor presented the crown witness due to the lack of evidence especially witness testimony evidence. The role of the crown witness is very important to uncover criminal events because the defendant knows, sees, and commits criminal theft with violence. The result of this study showed that the protection of the rights of the defendant as a crown witness is equated with the rights of the defendant in general, which is regulated in Article 50 to Article 68 of the Criminal Procedure Code and witness rights set out in Article 5 of Law Number 31 of 2014. The position of the crown witness is justified in proof-based on the Circular Attorney General's Office of the Republic of Indonesia Number B-69 / E / 02/1997 of 1997 concerning Proof Law in Criminal Cases.

scholarly journals PROCESS OF IMPLEMENTATION AND BENEFITS OF CRIME SCENE INVESTIGATION IN CASE OF CRIMINAL INVESTIGATION IN INDONESIA

2018 ◽  
Vol 5 (3) ◽  
pp. 277
Author(s):  
Sri Endah Wahyuningsih ◽  
Teguh Prasetya ◽  
Muchamad Iksan
Keyword(s):  
Implementation Process ◽  
Secondary Data ◽  
Crime Scene ◽  
Criminal Investigation ◽  
Criminal Case ◽  
Primary Data ◽  
Crime Scene Investigation ◽  
Evidence Collection ◽  
Scene Investigation ◽  
The Republic

The case of crime scene conducted by the investigator is the main part in the disclosure of criminal case because in the crime scene can be found the interaction between the perpetrator of the crime, the evidence used and the witness/victim of crime at the time of the criminal event. Therefore this paper analyzes the implementation process and the benefits of crime scene in the process of criminal investigation in Indonesia. The research method used was sociological juridical, with primary and secondary data sources. Primary data were obtained by conducting interviews with respondents, they were investigators who investigate criminal case. The results of the research on the procedures for the implementation of the Crime Scene Investigation is started from the preparation of the crime scene, the trip to the scene, the first action at the crime scene (TPTKP). The crime scene investigation covers the general observations, photography, sketching, evidence collection, victim handling, and perpetrators of crime scene organization, and the end of the crime scene, which consists of consolidation, opening/exempting the crime scene, the making of investigation report at the scene, and the evacuation of activities. The benefit of crime scene investigation in criminal investigation is as evidence, source of information to look for witness, as source to look for evidence and as saber to find perpetrator, legal basis of investigator in execution of crime scene is JUKLAK (standard operational procedure) Police of Republic of Indonesia with number 04/1982 and JUKNIS Police of the Republic of Indonesia with the number JUKNIS 01/11/1982.

Expert’s Opinion Evaluation and Use of Forensic Examination Results in Criminal Cases Related to Penal Institutions

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Евгений Назаркин ◽  
Evgeniy Nazarkin
Keyword(s):  
Preliminary Investigation ◽  
Criminal Investigation ◽  
Criminal Case ◽  
Daily Routine ◽  
Remedial Measure ◽  
Criminal Cases ◽  
Penal Institutions ◽  
Expert’S Opinion ◽  
Case Files

The article reveals general criteria for evaluating expert’s opinion, in particular, expert’s participation at the end of the preliminary investigation (inquiry) and during drafting of the indictment (crime bill), interaction between the investigator and the expert in identification and remedy of causes and conditions that facilitated the commission of the crime. The article considers two different methods of assessing expert’s opinion: the internal, which is confined to logical analysis of the opinion, understanding consistency of the scientific and technical means and methods of the research, applied by the expert, the nature of the identified features and their role in justification of the drawn conclusions; and the external, that assesses the opinion in the legal, procedural respect, and observance of the rights of the participants in a criminal case, as well as in relation to all criminal case files. Expert’s participation at the end of the preliminary investigation (inquiry) and during drafting of the indictment (crime bill) comes down to advice about the performed examinations, determination of the place and importance of the expert’s opinion in the totality of the available evidence collected for the criminal case. The interaction between the investigator and the expert in remedy of causes and conditions that facilitated the commission of the crime in penitentiary system of Russia is regarded as a daily routine in penal crimes’ investigation and a remedial measure with the purpose of prevention such crimes in future. As part of the study the author analyzed 60 files of criminal investigation on penalty crimes in various regions of Russia. The author highlights peculiarities and suggests conclusions after considering case studies on the issue. The research methodology involves the use of such techniques as analysis, synthesis, induction, interviewing and others.

scholarly journals Analisis Penerapan Pembuktian Terbalik dalam Kasus Tindak Pidana Korupsi

Al-Mizan ◽  
2020 ◽  
Vol 16 (2) ◽  
pp. 225-248
Author(s):  
Arhjayati Rahim ◽  
Madinah Mokobombang
Keyword(s):  
Burden Of Proof ◽  
Criminal Case ◽  
Proof System ◽  
Public Prosecutor ◽  
Criminal Cases ◽  
The Public ◽  
The Right ◽  
Research Show

Evidence in criminal cases is generally borne by the public prosecutor. This is different from the criminal case of corruption, in addition to being proven by the public prosecutor, the defendant also has the right to prove that he did not commit a criminal act of corruption. This study aims to determine the arrangement of the shifting burden of proof system in cases of corruption and the application of the shifting burden of proof system in cases of corruption in Decision Number: 22/Pid.Sus-TPK/2018/PN.Gto. This type of research is a literature analyzed with a normative juridical approach. The results of the research show that the Decision Number: 22/Pid.Sus-TPK/2018/PN.Gto, seen from the evidence that in terms of the application of reverse evidence, the defendant exercised his right to carry out shifting burden of proof. However, the defendant did not prove that the property he had obtained was not the result of a criminal act of corruption, even though it was his obligation to prove this, so that the right to shifting burden of proof evidence was not fully utilized by the defendant.

scholarly journals KESAKSIAN PENYIDIK DALAM PEMBUKTIAN PERKARA PIDANA (STUDI KASUS : PUTUSAN NO. 1273/PID.B/2013/PN.JKT.SEL)

2019 ◽  
Vol 1 (2) ◽  
pp. 449
Author(s):  
Ariadi Hanta Wijaya ◽  
Firman Wijaya
Keyword(s):  
Criminal Law ◽  
Civil Servants ◽  
Criminal Investigation ◽  
Criminal Case ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
The Public ◽  
The Core ◽  
Almost All

In the context of criminal law, proof is the core of criminal proceedings because what is sought in criminal law is material truth. Basically, this aspect of proof has actually begun at the stage of criminal investigation. The act of investigation and investigation will be carried out immediately in the event of a criminal offense, the existence of a criminal offense can be known by the officer, with reports, complaints, caught red-handed, or known directly by the officer. So, before an act of investigation is carried out, an investigation is carried out by an investigating official, with the intention and purpose of finding and finding an event that is investigated a criminal event or not, if the investigation results as a criminal event, an investigation can be carried out. or certain civil servants who are authorized to carry out investigations, before the investigator conducts investigations such as making arrests, calling, searching, detaining, confiscating, the investigator must notify the public prosecutor so that the prosecutor can follow his investigation from the beginning, and if deemed necessary to give instructions in order to perfect the investigation. In the murder case with the defendant Andro and Benges, the witnesses presented by the Public Prosecutors in the trial were almost all investigators who examined this case. If only an investigator is present in proving someone guilty or not in a criminal case, of course the investigator will justify what he has done so that his statement becomes not objective.

scholarly journals PELAKSANAAN DEPONERING DALAM PERSPEKTIF ASAS EQUALITY BEFORE THE LAW

2017 ◽  
Vol 13 (1) ◽  
pp. 1-9
Author(s):  
Diska Kurnianto ◽  
Agna Susila ◽  
Yulia Kurniaty
Keyword(s):  
Attorney General ◽  
Analytical Techniques ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
Criminal Cases ◽  
Existing Problems ◽  
The Law ◽  
The Republic ◽  
Object Of Study ◽  
Chief Prosecutor

       This study examines and analyzes related criminal cases abuse in the criminal justice system in Indonesia under Law No. 16 of 2004 on the Prosecutor of the Republic Indonesia by closing a criminal case under the Code of Criminal Procedure (Criminal Procedure Code). This research method using a normative juridical approach to law (Statute Approach). Primary legal materials, secondary, and tertiary obtained by the author will be analyzed using analytical techniques interpretation of the law, namely: Content Analysis, which is used as a reference in resolving legal issues that become the object of study.        From the research results to the above method, the authors obtain answers to existing problems that the implementation case abuse accordance with the principles of opportunity in Article 35 letter c of Law Number 16 of 2004 on the Prosecutor of the Republic of Indonesia is still relatively small only be carried out by the Attorney General as the head chief prosecutor Court of the Republic of Indonesia in excluding criminal cases, and the closure of the case can be implemented by all prosecutors as the public prosecutor (prosecutor) without a process of public interest but can only be enforced closure of the case in the interest of law-related problems that menyangkat communities concerned in criminal cases.

scholarly journals Analisis terhadap Penghentian Penyidikan pada Laporan Polisi Nomor: B.210/VIII/2018/JAMBI/SPKT”C” Tentang Tindak Pidana Pemerkosaan Anak

Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 341
Author(s):  
M Rudi Hartono ◽  
Lilis Winantri
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Police Officers ◽  
Justice System ◽  
Police Department ◽  
Public Prosecutor ◽  
Search And Seizure ◽  
Criminal Cases ◽  
The Republic

Law enforcement efforts by Law Enforcement Officers include a series of actions taken by police officers, Prosecutors, Judges, and Correctional Institutions. However, the spearhead in the handling of criminal cases that occur in the community is basically handled and carried out directly by police officers. In carrying out its duties, the Police have a basic duty as mandated in Article 13 of Law No. 2 of 2002 on the Police of the Republic of Indonesia, namely the Police have the task of maintaining security and public order, enforcing the law, and providing protection, protection, and service to the community. The task of law enforcement relates to the Criminal Justice System where the Police Department is one of its parts in addition to judges and prosecutors, which in the criminal justice system have the authority to make coercive efforts, which include the activities of arrest, detention, search and seizure. In carrying out the task of investigating the perpetrators of crimes or criminal cases, from the beginning of the investigation the case always coordinates with the Public Prosecutor, to avoid going back and forth on a recurring basis. In the police report Number: B.210/VIII/2018/Jambi/SPKT"C", there is a process of termination of investigation where the case of rape of a child is not continued to the stage of further law enforcement, namely the impeachment of the Prosecutor for prosecution, but in this case it is discontinued only to the level of investigation.

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