LEGAL ANALYSIS OF SP3 (ORDER TO DISCONTINUE INVESTIGATION) BY THE POLICE IN CAST CASES WHERE THE VICTIM DIED AND WAS DETERMINED TO BE A SUSPECT

M. RIFFANI AKBAR HARAHAP, NPM 2002100047 (2024) LEGAL ANALYSIS OF SP3 (ORDER TO DISCONTINUE INVESTIGATION) BY THE POLICE IN CAST CASES WHERE THE VICTIM DIED AND WAS DETERMINED TO BE A SUSPECT. Tugas_Akhir (Artikel) IJECK : International Journal of Economy, Computer, Law, Management and Communication, 2 (2). pp. 18-24. ISSN 2986-4852 (e-ISSN)

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Abstract

An Investigation Termination Order, abbreviated as SP3, is the authority granted by law to investigators, both Polri investigators and Polri civil servant investigators. SP3 refers to Article 109 Paragraph (2) of Law Number 8 of 1981 concerning Criminal Procedure Law (KUHAP). The termination of a criminal investigation must fulfill three conditions: First, there is not enough evidence. Second, it is not a criminal offense. Third, stop it by law. This research uses normative legal research methods. Results and discussion: the issuance of SP3 by the Indonesian Police usually refers to Article 109 of Law no. 8 of 1981 concerning the Criminal Procedure Code which in paragraph (2) reads: 1. If it is a National Police investigator who stops the investigator, notification of the termination of the investigation is given to the public prosecutor and the suspect or his family. 2. If it is a civil servant investigator who stops the investigation, then notification of the investigation is given to the Police investigator and the public prosecutor. The legal basis for issuing SP3 in cases of traffic accidents that occur is to create a sense of justice for victims and suspects. In accordance with Article 77 of the Criminal Code, it is stated that prosecution of criminal cases is stopped by law because the suspect dies, which is also in accordance with Article 73 of the Republic of Indonesia Police Chief Regulation Number 15 of 2013 concerning Procedures for Handling Traffic Accidents which states that the Basis for Terminating Traffic Accident Investigations is Article 73 ( 1) Consideration for terminating a traffic accident investigation for the following reasons: a. insufficient evidence; or b. by law. (2) Termination of traffic accident investigations for legal reasons as intended in paragraph (1) letter b includes: a. Suspect dies; b. the case has exceeded the expiration date; or c. nebis in idem; Keywords : SP3 (Order to Stop Investigation), Traffic Accidents, Victims;

Item Type:	Article
Uncontrolled Keywords:	SP3 (Order to Stop Investigation), Traffic Accidents, Victims;
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	Unnamed user with email repository@ulb.ac.id
Date Deposited:	12 Sep 2024 06:50
Last Modified:	12 Sep 2024 06:50
URI:	http://repository.ulb.ac.id/id/eprint/1075

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