Journal of Law, Poliitic and Humanities
Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)

Legal Regulation of Forensic Autopsies in the Criminal Investigation Process: A Study of Concepts and Legal Reform

Subhandi Bakhtiar, Handar (Unknown)



Article Info

Publish Date
06 Aug 2024

Abstract

In criminal justice, forensic autopsies play a critical role in determining the cause and manner of death. Current provisions are unclear, leading to inconsistencies in the criminal investigation process. This study examines weaknesses in Indonesian law, particularly the ambiguity in regulating forensic autopsies, the obligation to conduct autopsies in suspected criminal deaths, and the procedures for notifying the victim's family. This study aims to provide an interpretation of the legal regulations concerning autopsies and to formulate regulatory reforms related to the conduct of autopsies in criminal investigation processes. The results of this study indicate that in criminal investigations, autopsies are crucial for determining the cause and manner of death, as well as providing scientific evidence linking the perpetrator's actions to the victim's death. However, ambiguity in interpreting the obligation to conduct autopsies under Article 134 of the Criminal Procedure Code (KUHAP) leads to inconsistencies. To address this, clear regulations are needed to define when an autopsy is considered "very necessary," providing consistent guidance to investigators. Mandatory autopsies for all unnatural deaths would ensure thorough examinations. While families must be informed, their consent is not required, and obstructing an autopsy is a criminal offence, supported by Article 222 of the Criminal Code, as amended by Article 283 of Law No. 1 of 2023 concerning the Criminal Code.

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Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...