Legal Analysis of the Detention of Suspects of Theft Crimes by Investigators at the Sagulung Police Sector, Batam City

Rindu Rizki Permata Deni, Bambang Tri Bawono

Abstract


Abstract. Criminal procedure law is a law that regulates how to maintain and defend material criminal law and regulates how to try cases in criminal courts by criminal judges. The Criminal Procedure Code regulates the main points, the principles in Indonesian criminal procedure law, namely: the principle of legality, the principle of opportunity, the principle of equal treatment before the law, the principle of presumption of innocence, the principle of arrest, detention, search, and confiscation are carried out based on written orders from authorized officials, the principle of compensation and rehabilitation, the principle of fast, simple and low-cost trials, the principle that suspects or defendants have the right to receive legal assistance, the principle that the court examines criminal cases with the presence of the defendant, the principle of open trials to the public, the principle of accusatoir (placement of suspects as subjects). Law Number 2 of 2002 concerning the Republic of Indonesia Police, in Articles 13 and 14 outlines the functions and roles of the Police, namely: Article 14 (1) letter g makes the substance of the details of the Police's duties in the field of criminal investigation and inquiry in accordance with the Criminal Procedure Code and other laws and regulations, which relate to the duties and authority of the Police in the law enforcement process. The Criminal Procedure Code gives the main role to the Police to carry out the task of investigating and investigating criminal acts (in general) without limits within the scope of the law, so that basically the Police are given the authority by the Criminal Procedure Code to conduct investigations and investigations of criminal acts.


Keywords


Keywords: Crimes; Detention; Investigators; Police.

Full Text:

PDF

References


Books:

Abdul Ghofur Anshori, Philosophy of Science, Gadjah Mada University Press, Yogyakarta, 2009.

Andi Hamzah, Indonesian Criminal Procedure Law, Sinar Grafika, Jakarta, 2001, page 127.

Andi Sofyan, Criminal Procedure Law: An Introduction, Rangkang Education, Yogyakarta, 2002.

Atang Ranomihardja, Criminal Law, Principles, Main Understandings and Theories and the Opinions of Several Scholars, Tarsito, Bandung, 1994.

Burhan Bungi, Qualitative Research Data Analysis, Philosophical and Methodological Understanding Towards Mastery of Application, Raja Grafindo Persada, Jakarta, 2003

Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August – 7 September 1990, Chapter 1, Section C, paragraph 2(b).

JE Sahetapi, Quovadis Criminal Law, Alumni, Bandung, 1995, page 3.

M Yahya Harahap, Discussion of Problems and Application of the Criminal Procedure Code, Investigation and Prosecution, Sinar Grafika, Jakarta, 2002, page 10.

Soerjono Soekanto, Factors Influencing Law Enforcement, Raja Grafindo Persada, Jakarta, 2012

Sri Endah Wahyuningsih, Principles of Individualization of Criminal Procedure in Islamic Criminal Law, Diponegoro University Publishing Agency, Semarang, 2013.

Teguh Prastyo and Abdul Halim Barakatullah, Criminal Law Politics: Study of Criminalization and Decriminalization Policies, Pustaka Pelajar, Yogyakarta, 2005

Tongat, Life Sentences in the Criminal Law System in Indonesia, University of Muhammadiyah Malang, Malang, 2004.

Regulation:

Investigation Number: SP.Sidik/05/III/2020/Reskrim dated March 12, 2020.

Presidential Decree of the Republic of Indonesia Number 70 of 2002 concerning the Organization and Work Procedures of the Republic of Indonesia National Police.




DOI: http://dx.doi.org/10.30659/jhku.v20i2.46207

Refbacks

  • There are currently no refbacks.


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.

Jurnal Hukum Khairu Ummah Indexed by :

google_scholar
Jurnal Hukum Khaira Ummah
   
Faculty of LawUnissulaCopyright of Jurnal Hukum Khaira Ummah
Jalan Kaligawe Raya KM.4, Terboyo Kulon, Genuk,

ISSN ( 1907-3119 )

e-ISSN ( 2988-3334 )

Semarang, Central Java, Indonesia, 50112