PERTANGGUNGJAWABAN PIDANA PENYIDIK YANG MELAKUKAN KEKERASAN TERHADAP PELAKU TINDAK PIDANA PENCURIAN (Studi Perkara Nomor: 75/PID.B/2012/PN.BT)
Abstract: Implementation of
the investigation process has been set in the Act No. 2 of 2002 on the National
Police and Law 8 of 1981 on Criminal Proceedings. At this stage of the
investigation, police investigators sometimes use violence to obtain
information and confessions from suspects and even to death, and it is a
criminal offense. Issues raised in this paper are (1) How criminal liability
investigators who commit violence against the perpetrators of the crime of
theft (2) How are the judge in imposing a criminal judgment on investigators
who commit violence against the perpetrators of the crime of theft. This type
of research is a normative legal research. Legal materials used are Decision
No. 75 / Pid.B / 2012 / PN.BT. Data obtained through the study of documents.
The collected data were analyzed qualitatively. From the study it can be
concluded: (1) criminal liability by the defendants in this case is Article 351
paragraph 1 in conjunction with Article 55 paragraph 1 of the Criminal Code
to-1 respectively 10 (ten) months and one (1) year imprisonment, (2) Judge
consideration in imposing sanctions against the suspects are in consideration
almost sepenuhya Judge follow Defense / defense of the accused legal counsel
and prosecutor demands that call correct abuses committed by the defendant, but
this should not be the main cause of death of the victim.
Penulis: Alfan Rusydan Murlis,
Uning Pratimaratri, Syafridatati
Kode Jurnal: jphukumdd151320
