ANALISIS YURIDIS SOSIOLOGIS KEKUATAN PEMBUKTIAN, FUNGSI DAN KENDALA VISUM ET REPERTUM, DALAM PROSES PENYIDIKAN PADA TINDAK PIDANA PERKOSAAN(Studi Di Kepolisian Resort Kota Malang)

PUSPO PRABOWO, ARIANTO (2009) ANALISIS YURIDIS SOSIOLOGIS KEKUATAN PEMBUKTIAN, FUNGSI DAN KENDALA VISUM ET REPERTUM, DALAM PROSES PENYIDIKAN PADA TINDAK PIDANA PERKOSAAN(Studi Di Kepolisian Resort Kota Malang). Other thesis, University of Muhammadiyah Malang.

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Abstract

Related to the power of evidentiary of visum et repertum which becomes more important to unveil a case of rape, in which the complaint or a report to police is conducted after the act of criminal occurred long enough so the signs of violence in the body of the victim must cause the different results if the investigation was conducted shortly after the act. The signs of violence which becomes one of important elements in proving the act of rape and in order to find out efforts needed by the investigators may not be found in the result of examination as attached in the visum et repertum. Facing the inferiority of the result of visum et repertum, further efforts should be conducted by investigators in order to get the material truth of the case so it will be seen clearly. The approach method which is used in this research is Sociological Juridical, which is by collecting primary and secondary data. The primary data collection technique is by interviewing the investigators in the police station of Malang city. On the other hand, the secondary data collection is by finding in the literature, documentation, regulations of law, etc. Based on findings, the power of evidentiary of visum et repertum is as the evident instrument of letter which is stated in the expert information in Article 184 paragraph (1) Criminal Law Procedure Act juncto Article 187 Criminal Law Procedure Act and also in the expert information in Article 133 paragraph (1) Criminal Law Procedure Act which gives the signs of the coitus element and violence element and also important for the completeness/perfection of casefile which is submitted by the investigators to the general prosecutor. The result stated in the visum et repertum might be the initial prove for the investigators to jail the criminal of rape and in the case of visum et repertum may not fully include information of the signs of violence in the victim, the investigators will conducted further efforts to find and prove the violent element and the violent threat. They can be investigation to the criminal/s, investigation and items which can be proves of the act of rape, particularly those showing the violence to the victim and the investigation in the place of the incident.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anggit Aldila
Date Deposited: 26 Jun 2012 04:30
Last Modified: 26 Jun 2012 04:30
URI: http://eprints.umm.ac.id/id/eprint/9512

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