PERTIMBANGAN POLISI DALAM MENENTUKAN TINDAK PIDANA DAN TERSANGKA BERDASARKAN BUKTI PERMULAAN YANG CUKUP DALAM PENYALAHGUNAAN NARKOTIKA

Gaho, Indranas (2012) PERTIMBANGAN POLISI DALAM MENENTUKAN TINDAK PIDANA DAN TERSANGKA BERDASARKAN BUKTI PERMULAAN YANG CUKUP DALAM PENYALAHGUNAAN NARKOTIKA. S1 thesis, UAJY.

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Abstract

Police in the determination of any criminal based on the applicable law, starting from the beginning of a sufficient evidence that two of the five valid evidence based on article 184 KUHAP. Related to drug abuse by law subject often treated injustices against the legal process enacted, by police officer in particular the level of investigation and inquiry in this regard, to determine the status of a person as the alegally and or suspected as perpetrators or victims of drug abuse. In the process of this research, researches used a type of normative research methods of literature study and interviews of the informant as well as legal expert in accordance with direction. Analysis of data on primary legal materials and secondary legal materials, primary and secondary legal materials to in comparison, analysis method used is deductive to the inductive method of analysis. These results indicate that the police in determining the stage of the crime of inquiries and investigation have not been carried out in a professional manner in accordance with the functions and authority and a lack of understanding of the content of the applicable law, so the police caught the content of legislation which does not pay attention of the sense of justice. Analysis of data on primary legal materials and secondary legal materials, primary and secondary legal materials to in comparison, analysis method used is deductive to the inductive method of analysis. These results indicate that the police in determining the stage of the crime of inquiries and investigation have not been carried out in a professional manner in accordance with the functions and authority and a lack of understanding of the content of the applicable law, so the police caught the content of legislation which does not pay attention of the sense of justice. Another obstacle is the lack of funds and time specialized in criminal cases. It is recommended that the implementation of the process of inquiry and investigation by the police to put the values of justice related to the content of legislation, need for reconsideration of the components and interpretation of the sense of justice and legislation so as to realize the harmonization of both.

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