Karya Ilmiah

DISERTASI (183) - Prinsip Kepastian Penghentian Penyelidikan Oleh Kepolisisan Negara Republik Indonesia

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Inquiry of criminal act is the earliest stage in the enforcement of criminal law
in Indonesia that plays an important role in the successful completion of a criminal
act. Although the research of criminal acts mentioned in the Criminal Code
(KUHAP) as a part of a criminal investigation, but in practice, the two activities have
fundamental differences, where the termination of the research of criminal acts are
not followed up with the establishment of a legal product as termination of criminal
investigations which have Warrant Termination of Investigation (SP3) as the legal
product. Based on this, then there are two central legal issues raised in this
dissertation, which is about the nature of the research of criminal acts and the legal
impact of termination of the inquiry of criminal act by the Indonesian National
Police.

Type of this research is normative that combines the doctrinal type, reform-
oriented, and theoretical research. Approach to the problem that is used is the

statutory approach and case approach. Analysis of legal materials of this research is
conducted in four stages, beginning with the identification and classification of
materials according to legal sources and their hierarchy; organizing legal materials;
reviewing or analyzing of legal materials using inductive-deductive reasoning; and
prescriptive analysis.
The findings of the study stated that the nature of the research of criminal act
under the aspect of ontology explained that the police of Republic of Indonesia is the
only party that has the competence in implementing the research of criminal act;
epistemological aspect explained that the research of criminal act is the Indonesian
government's efforts through the police to clarify a criminal case by upholding
human rights; axiology aspect explained that the research of criminal act contain the
value of expediency, justice, equality, and order. The second finding stated that the
termination of inquiry of criminal act is still not meet the principle of certainty. The
third finding stated that the termination of the inquiry of criminal act requires the
issuance of a legal product as the termination of criminal investigation to provide
clarity on the process and outcomes of the research of criminal act to all parties
followed by clear accountability on the implementation and termination of research
of criminal act.
Keywords: Crime Inquiry, Investigation Of Criminal Act, Legal Product

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Ketersediaan

031170140

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

183 Sud p

Penerbit

Surabaya : Fakultas Hukum Unair., 2017

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

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 ACARA PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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