Stopping Investigations By Investigators On Persons Of Criminal Abuse At Ternate Police

Fahria Fahria(1), Sugiar Azis(2*), Muhammad Mufti M. Djafar(3)

(1) Universitas Khairun Ternate
(2) Universitas Khairun Ternate
(3) Universitas Khairun Ternate
(*) Corresponding Author

Abstract

This study aims (1) to find out whether the termination of the investigation of the perpetrators of the criminal act of obscenity at the Ternate Police Station has been based on the Criminal Procedure Code. (2) To find out what are the legal implications of stopping the investigation of the criminal act of obscenity at the Ternate Police. In the results of this study, the use of PERPOL No. 8 of 2021 needs to be understood as fundamentally challenging the principles of the criminal justice system, which is a sub- system that cannot be separated from the principle of legality, therefore, what must be a reference first in governance the method of implementing the termination of an investigation is the Criminal Procedure Code because the Criminal Procedure Code holds the principles contained in other legislation in this case is the Child Protection Law No. 17 of 2016 the second amendment to Law no. 23 of 2002 concerning Child Protection, the Criminal Code and diversion in Law no. 11 of 2012 concerning the Juvenile Justice System and such cases should be resolved in court, not at the investigation level even though the parties have withdrawn the report. Because if not, it will have a big impact on victims and the wider community. Then the victim must be given therapy to recover his psychology, given a new house as a place of recovery from social sanctions from society.

Keywords

Termination of Investigation; Obscenity; Children

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