REFORMULASI PASAL 134 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA (KUHAP) TERKAIT BEDAH MAYAT FORENSIK

The implementation of forensic autopsy plays a vital role in criminal case
investigations, particularly in uncovering the cause of unnatural deaths. However,
Article 134 of the Indonesian Criminal Procedure Code (KUHAP), which requires
notification and explanation to the victim's family before conducting an autopsy, often
creates practical obstacles—especially when the family refuses consent. This leads to
a normative conflict with Article 222 of the Indonesian Penal Code (KUHP), which
imposes criminal sanctions on anyone who obstructs the autopsy process.
Furthermore, disharmony also arises from Article 157 of the 2023 Health Law and
Article 283 of the 2023 National Penal Code, which allow exceptions to autopsy based
on personal beliefs, thereby creating interpretive ambiguity and legal uncertainty. This
study aims to critically examine the normative weaknesses in Article 134 of KUHAP
and to propose a reformed legal formulation that accommodates the need for legal
certainty and justice. The research adopts a normative juridical approach by analyzing
statutory regulations, legal doctrines, and theoretical concepts. The findings reveal
that the current legal framework is inadequate to ensure the validity of forensic
autopsies as legal evidence, especially when family objections occur. Therefore,
reformulation of Article 134 of KUHAP is necessary to reinforce the state's obligation
in criminal law enforcement through forensic autopsy, while still providing limited
exceptions based on legally accountable reasons. This reform is expected to harmonize
the interests of legal enforcement and the protection of human rights within the
criminal justice system.