PENETAPAN TERSANGKA TERHADAP ORANG YANG TELAH MENINGGAL DUNIA DALAM PERSPEKTIF HUKUM PIDANA MATERIIL (Analisis Kasus Mahasiswa UI Hasya Attalah)

In essence, a suspect is someone who is fairly suspected of being the criminal's offender based on preliminary evidence. According to material criminal law, a person is considered to be a criminal if their acts satisfy the legal definition of a crime and are carried out by an accountable party. Nevertheless, in 2022, the investigator designated a deceased individual as a suspect, despite the fact that deceased individuals were no longer subject to prosecution under Article 77 of the Criminal Code. Therefore, this research is intended to analyze the determination of suspects against people who have died from the perspective of material criminal law and its implications, because not all unlawful acts can be classified as criminal acts. This research uses normative juridical research methods. The conclusion is that based on the doctrine in material criminal law, to determine that a person is the perpetrator of a criminal act, it is not enough for his actions to fulfill the formulation of the criminal article (acts against the law) but it is also necessary to have the ability to take responsibility on the part of the perpetrator. So that people who have died cannot be suspects. Moreover, determining a person who has died as a suspect has implications for the non-integration of the criminal justice system, giving negative status to people who have died, and has the potential to give rise to law enforcement practices carried out to protect one party to the legal process.