Journal of Law and Nation
Vol. 3 No. 4 (2024): In Press NOVEMBER

PERAN PENYIDIK DALAM PENEGAKAN HUKUM PEMBELAAN TERPAKSA (NOODWEER) DIHUBUNGKAN DENGAN PASAL 49 (1) KUHP PADA PERKARA KEPOLISIAN POLRESTA SERANG KOTA

Tommy Hidayat (Unknown)
Haidan Angga Kusumah (Unknown)



Article Info

Publish Date
08 Aug 2024

Abstract

  This research aims to find out how the role of the police in imposing suspect status on crime victims and to find out the elements of protection and the elimination of punishment before police investigators sentence crime victims as suspects. The method used in this research is qualitative method. This research was conducted at Serang City Police Station which is located at Jl. Ahmad Yani No.64, Cipare, Kec. Serang, Serang City, Banten 42117. And at the Serang City District Attorney's Office which is located at Jl. Raya Pandeglang Blok Cipare No.11, RT.1/RW.17, Cipare, Kec. Serang, Serang City, Banten 42117. Data collection techniques in this research are observation, interviews, documentation and literature study. The data analysis technique used in this research is the case method analysis technique and descriptive analytical research typology. The results showed that the police play a role in collecting sufficient evidence to determine the extent of each individual's role in a criminal offense, both as the main perpetrator and as a participant and are responsible for conducting in-depth investigations to prove the involvement of each person in the criminal offense committed. In Muhyani's case, based on the investigation by the prosecutor at the prosecutor's office, it was found that there was an element of noodweer, namely coercion as a form of self-defense by protecting his property and protecting his soul. Therefore, Muhyani was not convicted.  

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Journal Info

Abbrev

joln

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal of Law and Nation (JOLN) focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, ...