Aspek Hukum Dalam Pertanggung Jawaban Pidana Terhadap Kejahatan Mutilasi (Studi di Polrestabes Medan)

Abstract

Actually not only the case of mutilation that attracts the attention of the public. The phenomenon of violent crime, whatever its form, is always an interesting topic for people to talk about. The appeal of this case is high, very distinctive, and sensitive because it is related to something that is not good, contrary to morals, is considered wrong, contradicts the views of the community, and becomes a public conversation. The problem in the writing of this thesis is how the legal aspects in criminal liability for the crime of mutilation and how obstacles in revealing the criminal act of mutilation. This type of research in writing this thesis is empirical legal research method research is a legal research method that functions to see the law in the real sense and examine how law works in the community, then empirical legal research methods can be said as sociological legal research, It can be said that legal research exists in a society, legal entity or government agency. There is no specific regulation regarding the criminal act of murder accompanied by mutilation. In the Indonesian Penal Code only regulates the crime of murder in general, which is located in Chapter XIX concerning crimes against lives from Article 338 to Article 350 of the Criminal Code. The obstacles that arise in the process of resolving criminal acts of murder accompanied by mutilation in the Polresta lies in several factors, including Legal Factors, Enforcement Factors and Facilities and Infrastructure Factors, in processing crime scenes and in determining crime scene investigators experience difficulties or constraints experienced in processing places Occurrence of the crime of murder accompanied by Mutilation, namely Changes to the authenticity of the place that occurred at the scene of the crime, Lack of experience of the Investigator in conducting the investigation, Lack of completeness of the equipment at the time of conducting the investigation, Unavailability of Fingerprint Retrieval Database.