ANALISIS HUKUM DALAM MENENTUKAN LOCUS DELICTI DALAM PERKARA TINDAK PIDANA PEMALSUAN AKTA OTENTIK
Abstract
Determining the limits of the validity of criminal law based on tempus
delicti and locus delicti is very important to ensure justice and legal certainty.
Determination of a suspect is a stage that must be carried out in accordance with
applicable procedures, establishing a person as a suspect. The purpose of this
study is to find out the basic considerations in determining Locus Delicti in
Criminal Cases and to find out the efforts made in Determining Locus Delicti in
Criminal Cases.
This type of research is classified as normative legal research, which is
carried out by researching library materials. This study examines the subject
matter in accordance with the scope and identification of the problem through the
statute approach, which is carried out by examining the laws and regulations
related to the legal issues under study. In this study, the authors conducted
research on legal principles by utilizing descriptive methods. The data collection
technique used is library data research method, namely using the library as a
means of collecting data, by studying books as reference materials related to the
problems to be studied.
The conclusions that can be obtained from the results of the research are:
First, the basic considerations in determining the Locus Delicti in the case of the
criminal act of falsifying authentic deeds have not yet referred to the applicable
provisions as in Article 143 of the Criminal Procedure Code. If we pay attention
to the laws and regulations currently in effect, we have not found a law that
specifically regulates how to determine the place where a criminal event occurs
(locus delicti), thus it is difficult for law enforcement officials to determine which
criminal law applies to people. who commits a crime in his country or outside his
country of origin to solve the problem or case. Second, the efforts made in
determining the Locus Delicti in the case of the crime of authentic forgery have
not been firm. This can be seen when Azhari explains that in fact the case
suspected by the Bekasi City Prosecutor's Office has taken over the responsibility
to free the Polda Metro Jaya investigators from the Powassidik Headquarters
sanction.
Keywords: Locus Delicti, Crime, Forgery of Authentic Deed
delicti and locus delicti is very important to ensure justice and legal certainty.
Determination of a suspect is a stage that must be carried out in accordance with
applicable procedures, establishing a person as a suspect. The purpose of this
study is to find out the basic considerations in determining Locus Delicti in
Criminal Cases and to find out the efforts made in Determining Locus Delicti in
Criminal Cases.
This type of research is classified as normative legal research, which is
carried out by researching library materials. This study examines the subject
matter in accordance with the scope and identification of the problem through the
statute approach, which is carried out by examining the laws and regulations
related to the legal issues under study. In this study, the authors conducted
research on legal principles by utilizing descriptive methods. The data collection
technique used is library data research method, namely using the library as a
means of collecting data, by studying books as reference materials related to the
problems to be studied.
The conclusions that can be obtained from the results of the research are:
First, the basic considerations in determining the Locus Delicti in the case of the
criminal act of falsifying authentic deeds have not yet referred to the applicable
provisions as in Article 143 of the Criminal Procedure Code. If we pay attention
to the laws and regulations currently in effect, we have not found a law that
specifically regulates how to determine the place where a criminal event occurs
(locus delicti), thus it is difficult for law enforcement officials to determine which
criminal law applies to people. who commits a crime in his country or outside his
country of origin to solve the problem or case. Second, the efforts made in
determining the Locus Delicti in the case of the crime of authentic forgery have
not been firm. This can be seen when Azhari explains that in fact the case
suspected by the Bekasi City Prosecutor's Office has taken over the responsibility
to free the Polda Metro Jaya investigators from the Powassidik Headquarters
sanction.
Keywords: Locus Delicti, Crime, Forgery of Authentic Deed
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