Jawade Hafidz Legal Implications of Withdrawing a Criminal Complaint at the Investigation Level

Abstract

This research aims toto know the legal implications of withdrawing reports/complaints of criminal cases at the investigation level and to know and analyze the obstacles to withdrawing reports/complaints of criminal cases at the investigation level and their solutions. This study uses a sociological legal approach and a descriptive analytical research type. Based on the research, it is concluded that the person who has the right to withdraw a complaint according to the 1946 Criminal Code and the 2023 Criminal Code is the person who filed the complaint within 3 (three) months from the date of submission and the complaint can be withdrawn by the complainant. Several articles in the 1946 Criminal Code and the 2023 Criminal Code as well as PERPOL No. 8 of 2021 regulate criminal acts for which complaints can be withdrawn at the investigation level.