PENENTUAN BUKTI-BUKTI YANG CUKUP OLEH PENYIDIK KEPOLISIAN SEBAGAI DASAR UNTUK MENETAPKAN SESEORANG MENJADI TERSANGKA PADA TINDAK PIDANA PENCURIAN (Studi Kasus: Polres Bangkinang Kabupaten Kampar)

Abstract

ABSTRACK

Investigation is regulated in section 1 of subsection 2 in Criminal Code Procedures’ Book. Based on the result of the investigation, when some evidences have been found that someone has conducted criminal offense then a detention can be done to the criminal. A detention order is conducted to someone who is suspected in doing criminal offense based on the sufficient preliminary evidence that is the preliminary evidence to suppose that there is criminal offense. Formulation of the problem 1) How is the way of the police investigator in determining sufficient evidence as a basis to assign someone to be a suspect of theft criminal offense? 2) What obstacles and efforts are faced by the police investigator in determining sufficient evidence as a basis to determine someone as a suspect of theft criminal offense? This study used socio legal approach and it was descriptive research. In collecting the data, it was conducted through interview and documentary study. Analysis of the data was qualitative method. Based on this study condluded that the police investigator could determine the sufficient evidences to assign someone as a suspect of theft criminal offence by 2 sufficient evidences. The constraints were from internal and external factor. In internal factor, there were constraints by the investigator, the suspect, the evidence and facilities and basic facilities. While in external factor, there was constraint by society side as witness, even as victim by the theft criminal offence itself. The efforts were conducting trainings periodically to the police investigator side, establishing cooperation with the government side, and conducting socialization.

Keywords: Evidence, Investigator, Police, Theft