Akibat Hukum Dalam Pencabutan Berita Acara Pemeriksaan Penyidik di Pengadilan Negeri Simalungun Terhadap Tindak Pidana Narkotika (Studi Kasus Nomor 353/Pid.Sus/2015/PN.Sim)

Abstract

Issues regarding the revocation of the dossier by a defendant in a trial is certainly not a new one based on the above description. But this study will set forth a discussion of the opposite happens where BAP is revoked by the witness as the accused police catcher. Under these conditions, this study explores the issue of whether the cause of the revocation of the investigation report of investigation at the time of the trial by the police as a witness in the case of narcotics, what was the law in the judge's decision to repeal the investigation report at the time of the trial by the police as a witness in the case drugs and how the efforts in order to avoid revocation of the investigation report to the court by the police as a witness in a narcotics case.This research uses normative juridical approach and empirical juridical approach. Normative juridical approach is intended as a review of the level of conceptual meaning and intent of various national legal regulations relating to legal policies in BAP revocation investigator in court in the case of narcotics.The results of research and discussion to explain the cause of the revocation of the investigation report of investigation at the time of the trial by the police as a witness in the case of narcotics was the difference in testimony at the trial with the information contained in the minutes of the investigator as well as the information contained in the minutes penyidk never witnesses described at the time by the investigator that the witness denied / deny such information. the legal consequences in the judge's decision to repeal the investigation report at the time of the trial by the police as a witness in a narcotics case, the Public Prosecutor indictment null and void so docket defendants are not accepted and returned to the public prosecutor. Mitigation efforts do not happen retraction examination of police investigators is to establish witnesses examined before the investigator must comply with the statutory provisions. If a witness is present then the officer can compel witnesses to come to the investigator and in addition an investigation report must be signed by the investigator, but if the witness does not want the investigator may summon witnesses did not give reasons for his signature