Ambiguitas Pelaksanaan Autopsi Forensik Dalam Pengungkapan Tindak Pidana Pembunuhan Di Rumah Sakit Bhayangkara Pekanbaru

Laowe, Muhammad Ismiraz (2024) Ambiguitas Pelaksanaan Autopsi Forensik Dalam Pengungkapan Tindak Pidana Pembunuhan Di Rumah Sakit Bhayangkara Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

There are still weaknesses in the form of ambiguity, incompleteness and fragmentation of forensic autopsy regulations in Indonesian laws and regulations, especially regarding the legal position of the victim's family in licensing body examinations, because this can interfere with police investigators in the case disclosure process. criminal act of murder. The main problem in this research is what is the legal standing of the victim's family in carrying out forensic autopsies to reveal criminal acts of murder and what are the projections of forensic autopsy regulations in criminal cases in the future. The method used in this research is library research (Normative). The data sources used in this research are primary data obtained directly from interviews with predetermined sources and secondary data sources obtained from various literature and statutory regulations. And the nature of this research is analytical descriptive. The results of this research explain that, firstly, if the investigator has requested a post-mortem examination then it is absolute or obligatory and cannot be refused. So a letter requesting an examination/visum et repertum from the investigator is required, family permission is not required, even if someone obstructs the carrying out of a forensic autopsy, they can be prosecuted based on applicable regulations. Second, in terms of forensic autopsy regulations in accordance with Articles 133 and 134 of the Criminal Procedure Code, this is not carried out with a partial reform mechanism or changing and adding several new rules and provisions to the previous law, namely the Procedure Code. Criminal law, but by means of total reform, namely changing the entire rules of the Criminal Procedure Code, because the Criminal Procedure Code which was published in 1981 is no longer effective, because the law in Indonesia keeps up with the times.

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