Legal Implications with Drawal of Complaint Criminal Cases at The Investigation Level

Abstract

The value of justice contained in Pancasila can be the basic foundation for the formation of humane laws that are fair and civilized and socially just for all Indonesian people. Restorative justice finds its basis in the philosophy of the 4th principle of Pancasila. Restorative Justice is the resolution of criminal acts involving the perpetrator, victim, perpetrator's family, victim's family, community leaders, religious leaders. Allah SWT in QS Al-Hujurat/49: 10, says that, among other things, you must reconcile differences between your two brothers. The withdrawal of criminal case complaints at the investigation level is regulated in the 1946 and 2023 Criminal Codes and PERPOL Number 08 of 2021. The purpose of writing this thesis is to find out and imply the juridical rules for withdrawing criminal case reports/complaints at the investigation level and to find out and analyze the obstacles to revocation of reports/complaints of criminal cases at the investigative level and their solutions using the Sociological Juridical Approach Method and Analytical Descriptive research type. The data sources for this research were obtained from interviews and literature studies as well as document studies using data collection methods in the form of interviews, observations and literature studies and dialysis using Qualitative Analysis. The juridical implications of the withdrawal of criminal case complaints at the investigation level concludes that the person who has the right to withdraw the complaint according to the 1946 Criminal Code and the 2023 Criminal Code is the person who submitted the complaint within 3 (three) months from the date it was submitted. And the complaint can be withdrawn by the complainant. Several articles in The 1946 Criminal Code and 2023 Criminal Code as well as PERPOL Number 8 of 2021 regulate criminal acts for which complaints can be withdrawn at the investigation level. The withdrawal of criminal complaints is parallel to the values contained in the principles of just and civilized humanity which are always imbued with other principles of Pancasila. The withdrawal of criminal case complaints is also in line with Islamic Law and the Theory of Benefits and Progressive Legal Theory. The new peace agreement reached where the investigation files have been handed over to the prosecutor's office is an obstacle to withdrawing the criminal case complaint at the investigation level. The solution to this problem is that the investigator attaches a peace letter from the suspect and victim to the Public Prosecutor. Another obstacle is that one of the parties does not fully implement the contents of the agreement, so the investigator must find a solution to the problem of implementing the peace agreement. This thesis research suggests that the provisions regarding the time for withdrawing complaints from criminal cases should be changed, expiring after the court decision becomes legally binding. This research also suggests that a regulation be made that for all criminal acts where the victim is an individual, the report/complaint can be withdrawn.