ANALISIS HUKUM TERHADAP EKSHUMASI DALAM PEMBUKTIAN TINDAK PIDANA YANG MENGAKIBATKAN KEMATIAN

Abstract

Exhumation is performed by a forensic medical expert on the orders of investigators as stated in the Republic of Indonesia Law Number 8 of 1981 concerning Criminal Procedure Law, KUHAP (Criminal Procedure Code) in Article 134, Article 135, and Article 136. Exhumation plays an important role in strengthening forensic evidence such as autopsy to reveal the cause of death. One example of Exhumation is in the case of premeditated murder that occurred against B in Mataram City, the Investigator did not ask for an autopsy on the victim before being buried so that the Public Prosecutor performed exhumation for the purpose of an autopsy for evidence. The formulation of the Research Problem is 1) How is the judge's consideration in assessing the evidence issued by the public prosecutor? 2) How is the strength of the autopsy results? This research uses a normative legal approach. Data sources are secondary data, especially primary, secondary, and tertiary legal materials. Data were collected by document study and analyzed quantitatively. Based on the research, it was concluded that (1) the judge's considerations involve evidence, physical evidence, and letters as evidence in a conference to decide a case (2) the evidentiary power of the autopsy results has a strategic role in strengthening the evidence, providing legal certainty, and helping to convince the judge to impose an objective sentence