CD Skripsi

Tinjauan Yuridis Terhadap Penggunaan Upaya Paksa Dalam Tahap Penyelidikan Pada Pemeriksaan Telepon Seluler Masyarakat

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Abstract
Constitution gives authority to certain officials to control the individual freedom and
independence in any action. Limitation on individual freedom and independence is a force
action which has to be done to follow the constitution rules. The criminal procedure code has
determined that there are several forced actions that connected with the occurrence of a
criminal act committed by a person, one of which is a inquiry. The police in conducting
searches ignore human rights and ignores the principle of presumption of innocence, then the
law enforcement process will not run effectively. Not according to proper procedures. We
often encounter searches or examinations of cell phones in the investigation process, such as
police, such as police actions in conducting cell phone checks on the highway at night. There
are certain absolute limitations for investigators to carry out inspections of cell phones,
because there are rights for the person being examined, which is a person’s right to privacy
that is protected by laws and regulations. Of course, in someone’s cell phone there are many
privacy things that should not be allowed to be seen or known by others.
This type of research is classified as normative legal research with the type of legal
principles. In normative legal research, the data source is secondary data consisting of
primary legal materials, secondary legal materials and tertiary legal materials. The
collection of normative legal research data uses data collection techniques using library
research. The data obtained through the literature study will be analyzed qualitatively. In
writing conclusions, the author uses the deductive method which writes conclusions from a
general statement or proposition into a specific statement.
Based on the results of research and discussion, it can be concluded. First; The
examination of a person’s cellphone by the Ambarita police can be said to be a forced
inquiry. Body inquiry has its own guidelines which are regulated in the National Police Chief
No. 8 of 2009 about the Implementation of Principles and Standards Police officers are also
prohibited from carrying out excssive searches and causing disruption of the right to privacy
being searched. Should be noted that a search only can be done if a person is strongly
suspected of committing a criminal act regulated in the legislation. Reasonless search results
in a violation of a person’s human rights. Second, basically a search can be done under two
conditions, when caught red-handed or the search is done with the permission of the head of
the local court. To search someone’s cell phone arbitrarily and not according to procedure
can be categorized as a violation of professional ethics. Based on Artcile 9 of Government
Regulation No. 2 of 2003 about Disciplinary Regulations for Police Members, it explains the
disciplinary punishment in the form of a written warning; delay in attending education for a
maximum of 1 (one) year, postponement of periodic salary increases, delay in promotion for
a maximum of 1 (one) year, demotional mutations, release from office if there are members of
the police who are proven to have committed violations.
Keywords: coercion-inquiry-cellphone.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1709123063

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1709123063

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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