ANALISA YURIDIS KUALITAS BUKTI PERMULAAN YANG CUKUP SEBAGAI DASAR PENAHANAN TERSANGKA DALAM TINDAK PIDANA UMUM

Qalam, Qad Jaffal (2023) ANALISA YURIDIS KUALITAS BUKTI PERMULAAN YANG CUKUP SEBAGAI DASAR PENAHANAN TERSANGKA DALAM TINDAK PIDANA UMUM. Masters thesis, Universitas Muhammadiyah Malang.

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Abstract

The phrase "based on preliminary evidence" as the basis for the existence of a suspect, when viewed from the perspective of the rules, contains ambiguity, thereby giving rise to investigators' lack of objectivity in determining someone as a suspect. This phrase contains unclear evidence in the form of what is meant, so that investigators can have a basis through the presence of this evidence that the suspect will flee, destroy evidence and/or commit a repeat crime. So, this is related to the quality of sufficient initial evidence that can make the evidence have the quality of legal force to prove a criminal act. The research method used is normative legal research and the approach uses a statutory approach and a conceptual approach. The research results are that : First, standardization of the quality of initial evidence in detaining suspects for general crimes must be seen from the assessment of several pieces of evidence used as a basis for arresting suspects. Second, the ideal concept of sufficient preliminary evidence is that the evidence must be relevant and admissible (acceptable), Exclusionary Rules (obtained by constitutional means and methods that are justified according to law), and have evidentiary power (Bewijscracht). The strength of evidence is the authority of the investigator who will assess whether it is strong evidence or not. In an investigation, evidence must be carried out thoroughly and brighter than light before it is finally handed over to the next stage until it ends in trial. Ideally, sufficient preliminary evidence must be assessed objectively so as to determine the criminal offense to be charged.

Item Type: Thesis (Masters)
Student ID: 202110380211034
Keywords: Quality; Preliminary evidence; Detention; Suspect.
Subjects: K Law > K Law (General)
K Law > KZ Law of Nations
Divisions: Directorate of Postgraduate Programs > Master of Law (74101)
Depositing User: 202110380211034 202110380211034
Date Deposited: 24 Nov 2023 03:46
Last Modified: 24 Nov 2023 03:46
URI: https://eprints.umm.ac.id/id/eprint/1313

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