PERTANGGUNGJAWABAN PIDANA PENYIDIK YANG MELAKUKAN KEKERASAN TERHADAP PELAKU TINDAK PIDANA PENCURIAN (Studi Perkara Nomor: 75/PID.B/2012/PN.BT)

Abstract

Implementation of the investigation process has been set in the Act No. 2 of 2002 on the National Police and Law 8 of 1981 on Criminal Proceedings. At this stage of the investigation, police investigators sometimes use violence to obtain information and confessions from suspects and even to death, and it is a criminal offense. Issues raised in this paper are (1) How criminal liability investigators who commit violence against the perpetrators of the crime of theft (2) How are the judge in imposing a criminal judgment on investigators who commit violence against the perpetrators of the crime of theft. This type of research is a normative legal research. Legal materials used are Decision No. 75 / Pid.B / 2012 / PN.BT. Data obtained through the study of documents. The collected data were analyzed qualitatively. From the study it can be concluded: (1) criminal liability by the defendants in this case is Article 351 paragraph 1 in conjunction with Article 55 paragraph 1 of the Criminal Code to-1 respectively 10 (ten) months and one (1) year imprisonment, (2) Judge consideration in imposing sanctions against the suspects are in consideration almost sepenuhya Judge follow Defense / defense of the accused legal counsel and prosecutor demands that call correct abuses committed by the defendant, but this should not be the main cause of death of the victim. Keywords: Accountability, investigator, violence, suspect