Kajian Yuridis Atas Penangkapan dan Penahanan Oleh Penyidik Pegawai Negeri Sipil Berdasarkan Hukum Acara Pidana di Indonesia (Studi kasus Putusan Nomor :15/Pra.Pid/2012/PN.Mdn dan Putusan Nomor : 01/Pid.Pra/Per/2012/PN.Stb)

Abstract

In the practice of law enforcement, civil servants investigators in the interest of the investigation to make the arrest and detention of suspects without involving the Police investigator to bring up concerns regarding the legality of arrests and detentions. This problem is discussed by using the theory of the criminal justice system related to crime control efforts through cooperation and coordination between agencies that by law is given the task to it. Type of research used in this study is a normative legal research (doctrinal or legal research) with descriptive analytical approach. Data collection tools used in the form of study or library materials and documents were analyzed qualitatively. Arrangements law of arrest and detention authority by dividing civil servants investigators into several categories namely civil servants investigators should coordinate with the Police investigator, civil servants investigators that without regulation to coordination with the Police investigators and civil servants investigators that not have authority to arrest and detention. Juridical study on pretrial decision Number:15/Pra.Pid/2012/PN.Mdn and decision Number:01/Pid.Pra/Per/2012/PN.Stb conclude that their decision not consistent and uniform in applying the criminal procedure law of the legality of the arrest and detention of suspected criminal acts forestry. Barriers experienced by civil servants investigators in-progress that is authorized investigation include institutional factors, cultural laws and regulations, particularly in the case of the implementation of the arrest and detention by the authority of the investigators civil servants.