Lex Scientia Law Review
Vol 3 No 2 (2019): Development of Law in the Era of Disruption

Indonesian Criminal Law Study on the Misuse of Visum Et Repertum Evidence as a Means for Committing the Crime of Extortion

Rohmat, Rohmat (Unknown)
Dyah Nugraheni, Prasasti (Unknown)



Article Info

Publish Date
24 Nov 2019

Abstract

The problem in this paper is how the position of the Visum et Repertum evidence in the Indonesian Criminal Code study, the strength of the Visum et Repertum evidence and how the Indonesian criminal law study of the Visum et Repertum evidence is used as a tool to commit extortion crimes. This type of research uses normative analysis research. The research material used is secondary. So the method of data collection was carried out through literature studies, while data analysis was carried out qualitatively. Based on the results it can be said that the strength of the Visum et Repertum evidence is only as a complementary instrument in seeking the truth. Someone who deliberately uses a post mortem for illegal gain, then that person cannot be considered a victim but another actor related to the witness. Based on the analysis of criminal elements in the monistic school and elements of criminal responsibility in the dualistic school, the perpetrators of these crimes have fulfilled the Dolus element. The research can be concluded that Indonesian criminal law has not directly controlled it. It can be said that the strength of the Visum et Repertum evidence is only a complementary instrument in seeking the truth. Someone who deliberately uses a post mortem for illegal gain, then that person cannot be considered a victim but another actor related to the witness.

Copyrights © 2019






Journal Info

Abbrev

lslr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Scientia Law Review (LeSRev) is a peer reviewed journal organized by Undergraduate Law Student, Faculty of Law, Universitas Negeri Semarang (UNNES), Indonesia. The Journal published biannual every May and November. LeSRev is intended to be a scientific and research journal for all undergraduate ...