Legal Review of the Validity of Withdrawal of Police Reports Based on Criminal Law Aspect Parameters

Abstract

The controversy surrounding the legality of withdrawing police reports not only impacts the police normatively, but also sociologically, impacting the accusation, who, even after the report has been withdrawn, must still undergo legal proceedings. This situation explicitly demonstrates the confusion surrounding the reality of the practice of withdrawing police reports, setting a bad precedent that fails to fulfill the principles of legal certainty and the value of legal justice in society. It also automatically contradicts the mandate of the rule of law. The aim of this research is to find out and analyze (1) the interpretation of reported offenses and complaint offenses based on positive criminal law, (2) the legal procedures for withdrawing police reports, (3) legal problems in efforts to withdraw police reports. The approach method used in this research is normative juridical. The specifications of this research are analytical descriptive. The data source used is secondary data. Secondary data is data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of research and discussion, it can be concluded: (1) Types of crimes related to police handling are generally divided based on the processing method and the form of the error. The types of crimes handled by the Police based on the processing method are ordinary crimes (gewone delicten) and complaint crimes (klacht delicten). (2) The withdrawal of a police report must be preceded by a complaint/report from the public, where the report is a complaint crime (klacht delict) and the exception is that ordinary crimes will be withdrawn in accordance with valid reasons based on law. In terms of procedural stages, the withdrawal of a Police Report, one of which is preparing a Letter of Request for Withdrawal of a Police Report addressed to the investigator. (3) Internal problems of the Indonesian National Police where the Indonesian National Police must improve the capabilities of its investigative human resources in legal reasoning to minimize procedural errors in withdrawing police reports due to a lack of understanding of the substance of the law by reasoning how aspects of criminal law create a type of criminal offense such as complaint crimes and ordinary crimes as a difference in the validity of a withdrawal of a police report.