CD Skripsi
Analisis Hukum Dalam Menentukan Locus Delicti Dalam Perkara Tindak Pidana Pemalsuan Akta Otentik
ABSTRACT
Determination of a suspect is a stage that must be carried out in accordance with applicable procedures. It is enough with a police report and one valid piece of evidence, a person can immediately assume the status of a suspect. Law Number 8 of 1981 concerning the Criminal Procedure Code, which was later called the Criminal Procedure Code (KUHAP). The definition of a suspect is very clearly regulated in the provisions of Article 1 number 14 of the Criminal Procedure Code which states that: "A suspect is a person who because of his actions or circumstances, based on preliminary evidence, should be suspected as a criminal act.
The type of research that will be carried out is normative legal research, namely legal research is conceptualized as what is written in the laws and regulations (law in books) which in this case examines the legal principles contained in the relevant laws which become the basis for determining the Locus and Tempus Delikti in Criminal Cases.
There are many opinions from several experts regarding locus delicti, among others as follows: according to Professor Van Hattum, the government is of the opinion that what should be seen as locus delicti is that a perpetrator has committed his crime, and not the place where the crime has resulted. Professor Van Bemmelen argues that what should be viewed as a locus delicti is basically the place where the perpetrator has materially committed his actions.
Azhari explained that in fact the case that was suspected against him had been declared unproven by the National Police Headquarters and would soon issue an Investigation Order. However, due to the maneuvering of the complainant's attorney, this case was ignored by the Polda Metro Jaya. Azhari revealed that this case had become more bizarre and questioned what the connection between the case and Bekasi was. All of the actions investigated by the Polda Metro Jaya took place in South Jakarta, but the Bekasi City Prosecutor's Office took over the responsibility to free the investigators from the Polda Metro Jaya from the Powassidik Headquarters sanction. Of course this is contrary to how the determination of the limits of the validity of the criminal law based on tempus delicti and locus delicti in order to ensure justice and legal certainty for Azhari. Even the Bekasi District Attorney made an arrest even though the Jakarta Metro Police investigators never made an arrest in this case
Keywords: legal analysis – Locus Delicti – criminal case
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