FUNGSI VISUM ET REPERTUM DALAM PENUNTUTAN PERKARA PIDANA KEALPAAN YANG MENYEBABKAN MATINYA ORANG

Sipayung, Dasdo Vangi Doan (2014) FUNGSI VISUM ET REPERTUM DALAM PENUNTUTAN PERKARA PIDANA KEALPAAN YANG MENYEBABKAN MATINYA ORANG. Jurnal Ilmu Hukum. p1-14.

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Abstract

Negligence causes the injury or death of the existing legal rules governing the time may be too difficult to ask the question whether the defendant is due to negligent harm others to justice. There is a possibility the victim or aggrieved heirs in case of accident does not want the case because there has been a continued peace with the perpetrator of the accident, or because the victim has received compensation from the perpetrator of the accident and felt he had enough and did not bother to prolong the case. The purpose of this study was to obtain data on the post mortem functions for the public prosecutor in the prosecution of criminal cases of negligence that caused the death of people. To obtain data on the constraints faced by the public prosecutor in the use of post mortem relating to the criminal case of negligence which caused the death of people. In writing this law, the data collected by the method of literature study and interviews. Literature study is research that is used to collect secondary data by reading and studying the materials that relate to the problems that have been studied. By studying books, literature and law. Interviews were conducted to support the data obtained from the study of literature. The data obtained from the study were analyzed qualitatively, the analysis undertaken to understand and assemble the data collected systematically, so as to obtain an idea of ??the problems studied. The function of a post mortem for the public prosecutor in the prosecution of cases of negligence that caused the death of that person, by post mortem attorney can determine whether there is a causal relationship between the death of the victim by the defendant, and a post mortem can be taken into consideration in deciding the case, but the judge and post mortem not to guide judges in deciding the case. Constraints faced by the public prosecutor in the use of post mortem relating to cases of negligence that caused the death of the victim is a person who sometimes refused or objected when the victim's body post mortem carried out, this led to the prosecution and judge the difficulty in determining the exact cause and effect of the death of the victim.

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