URGENSI AUTOPSI MAYAT DALAM TINDAK PIDANA PEMBUNUHAN BERDASARKAN KITAB UNDANG– UNDANG HUKUM ACARA PIDANA (KUHAP)

Dedi Sudrajat, NIM.: 19103040069 (2023) URGENSI AUTOPSI MAYAT DALAM TINDAK PIDANA PEMBUNUHAN BERDASARKAN KITAB UNDANG– UNDANG HUKUM ACARA PIDANA (KUHAP). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The purpose of this study was to find out the regulation regarding forensic autopsies in Indonesian law, and to find out and analyze the role of forensic autopsies as a means of evidence in murder cases in the Sleman region. Decision Number 440/Pid.B/2022/PN Smn stated that 1 defendant was guilty of committing the crime of murder together. The decision stated that the evidence in the form of post mortem et repertum was made based on medical records. This case study aims to analyze the role of medical records which are used as a basis for determining the elements of intentional homicide in decisions through a literature review using empirical juridical methods with a law and case approach. The identification process for the discovery of bodies is carried out by investigators and doctors who are experts in the field of judicial medicine so that they become valid evidence in the interests of justice. The author proposes several formulations of the problem, namely the urgency of an autopsy on a criminal act of murder and the level of proof of an autopsy in a criminal act of murder. In this thesis research using an empirical juridical approach, so that what is studied is legal principles and legal principles that are still valid but also supported by empirical data originating from literature studies and field research, as well as analyzing the decisions of the Sleman District Court and field research. by interviewing the doctor and the police who handled the case. Implementation of a forensic autopsy is only carried out at a written request from the investigator which is stated in Article 133 paragraph (2) of the Criminal Procedure Code and this forensic autopsy is only carried out in the event that an autopsy (post-mortem) is no longer possible to avoid (Article 134 paragraph (1) of the Criminal Procedure Code). Basically, in all murder cases, no matter how small, to clarify the investigation process, it is mandatory to perform a forensic autopsy. Doctors have an important role in carrying out post mortem examinations on victims of criminal acts besides that doctors can also be present at trial to express their opinions in accordance with what they know as expert testimony or provide written evidence, namely Visum et Repertum. This is where good cooperation is needed between doctors and investigators so that the examination can run smoothly and can answer all the legal facts that occur.

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