REFORMULASI PASAL 109 KUHAP TENTANG PENGHENTIAN PENYIDIKAN SEBAGAI BAGIAN DARI UPAYA REKONSTRUKSI TERHADAP HUKUM PIDANA INDONESIA

ANTHONI, MUHAMMAD and Pettanasse, Syarifuddin and Nashriana, Nashriana (2019) REFORMULASI PASAL 109 KUHAP TENTANG PENGHENTIAN PENYIDIKAN SEBAGAI BAGIAN DARI UPAYA REKONSTRUKSI TERHADAP HUKUM PIDANA INDONESIA. Master thesis, Sriwijaya University.

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Abstract

This research title is Reformulation Article 109 of Kuhap Regarding Termination of Investigation as Part of Reconstruction Efforts Against Indonesian Criminal Law, the title is in the background of cases that are not proceeded by investigators to the prosecution level because the parties have made peace, but peace is not an excuse to stop the investigation, so article 109 of the Criminal Procedure Code needs to be reformulated. Based on the background above, the problem in this study is why does article 109 of the Criminal Procedure Code concerning the termination of the investigation need to be reformulated? Can the process of terminating investigations carried out by the police reflect a sense of justice between the two parties? Next What are the arrangements for terminating investigations in the future? the three problems mentioned above will be examined using normative-empirical research methods and the theory of justice as grand theory, authority theory / discretion as a middle range theory, are principles of theory and regulation regarding the cessation of investigations by investigators in the event of peace or diversion or return of the results of corruption by the perpetrators of corruption as the applied theory. The results of the study obtained the following conclusions: Article 109 of the Criminal Procedure Code concerning Termination of Investigation Needs Reconstruction because many cases are not proceeded to the level of prosecution, because there has been peace between the perpetrators and the victims. 2. The process of terminating investigations conducted by the police can reflect a sense of justice between the two parties on the grounds that the parties' will is accommodated in a peace. 3 At present there are three reasons why the investigator will stop the investigation as stipulated in article 109 paragraph (2), namely, if the investigator does not get enough evidence to prosecute the suspect, the evidence obtained by the investigator is not enough to prove the suspect's fault. Arrangements regarding the termination of the investigation, in the future the DPR-RI Commission III together with the Government is conducting a discussion on the Draft Law on Criminal Procedure Law, and the mechanism for terminating investigations will be regulated as part of the investigator's authority.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Reformulation, Peace, Termination Of Investigation
Subjects:	K Law > K Law (General) > K100-103 Legal education K Law > K Law (General) > K3154-3370 Constitutional law
Divisions:	02-Faculty of Law > 74101-Law (S2)
Depositing User:	Users 2291 not found.
Date Deposited:	09 Oct 2019 08:38
Last Modified:	09 Oct 2019 08:38
URI:	http://repository.unsri.ac.id/id/eprint/10282

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