Estudiante Law Journal
VOL. 5 NO. 2 JUNI 2023

Noodweere: A Challenge of Justice for Investigators

Sadarudin Babuta (Faculty Of Law, State University of Gorontalo)



Article Info

Publish Date
07 Jun 2023

Abstract

This study aims to analyze the primary considerations for the police to determine the victim of abuse as a suspect in a crime related to noodweer, as well as to examine the legal remedies that can be taken in determining him as a suspect for the alleged crime of persecution that was carried out by force. This type of research is normative-empirical legal research. The approach used is the Statute Approach; and the case approach. The results of the research show that the primary considerations of investigators in determining someone to become a suspect, even if the person concerned is a victim in the crime of persecution, are determined by the results of the visum et repertum and two sufficient pieces of evidence and two witnesses. A person who is arrested/detained after being named as a suspect, can carry out a pre-trial if the act of arrest/detention is deemed illegal, and violates the provisions of the applicable laws and regulations. 

Copyrights © 2023






Journal Info

Abbrev

eslaw

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Estudiante Law Journal is a peer reviewed journal published by the Faculty of Law, Universitas Negeri Gorontalo. This journal is published three times every February, July and November of the same year. EsLaw aims to be a scientific and research journal for all legal observers and activists with a ...