CD Skripsi
Tinjauan Yuridis Autopsi Ulang Korban Tindak Pidana Dan Kekuatan Hukum Pembuktiannya
In criminal cases, evidence is always a principal and crucial matter, because sometimes in processing a case. Witnesses, victims and perpetrators are silent, meaning they do not want to provide information. Because it makes proof something important. In practice, autopsies are performed more than once. The function of the autopsy is as a criterion in determining the criminal liability of the perpetrator. If there is a re-autopsy whether the judge ignores one of them, and if there are two autopsy results how the judge assesses each autopsy because not necessarily the results of the re-autopsy are correct. This raises the uncertainty of the position of the re-autopsy results for the purposes of trial evidence. Then in the forensic regulation in Indonesia, it does not clearly regulate re-autopsy, including the conditions that must be met if you want to do a re-autopsy, the time limit for re-autopsy and how many times a re-autopsy is carried out. The regulation of re-autopsy in Indonesia is not regulated in legislation and has not clearly regulated the position of re-autopsy evidence and its legal certainty.
This research is classified into normative juridical research. The data used are primary data and secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique uses the literature review method, namely describing and analyzing data from several sources such as laws, books and opinions of criminal law experts. This research was then analyzed descriptively qualitatively. The inference technique used is by doing a deductive mindset.
The results of this study are that re-autopsy is valid because it strengthens the search for material truth of a criminal act and re-autopsy re-autopsy for evidentiary purposes depends on the judge's consideration in assessing the results of the re-autopsy. Because the value of the evidentiary power is free, it is hoped that the judge will consider justice, expediency and legal certainty in deciding criminal cases so that there will be no misguided decisions.
Keywords: Autopsy-Victim-Criminal Act-Evidence
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