Legal Literacy - This article discusses the meaning of investigation, the authority and obligations of investigators in the investigation, and the types of investigative actions. Let's take a look at the discussion in the following article.
Definition of Investigation
Definition of investigation in Article 1 point 5 of the Criminal Procedure Code:
“Investigation is a series of investigator actions to seek and find an event suspected as a criminal act in order to determine whether or not an investigation can be carried out according to the method regulated in this law.”
According to the provisions of Article 1 point 5 of the Criminal Procedure Code, it is clear that the investigator's actions are actions in the name of the law given to state apparatus authorized to conduct research on whether the case in question is truly a criminal event or not a criminal event.
Investigator Law of the Republic of Indonesia Number 26 of 2000 concerning the Human Rights Court which affirms that the investigator in cases of gross human rights violations is solely the National Human Rights Commission (KOMNAS HAM), thus being the sole investigator in gross human rights violations.
Authorities and Obligations of Investigators
The authority and obligations of the investigator are as follows:
- Receiving reports or complaints from individuals regarding the occurrence of a criminal act.
- Seeking information and evidence.
- Ordering a suspected person to stop, questioning them, and examining their identification.
- Taking other legally responsible actions.
Meanwhile, upon the order of the investigator, the following actions can be taken:
- Arrest, prohibition from leaving the place, search, and seizure.
- Examination and seizure of letters.
- Taking fingerprints and photographing a person.
- Bringing and presenting a person to the investigator.
- All actions of the investigator are reported to the investigator.
Types of Actions in Investigation
Determining Who the Reporter or Complainant Is
Usually, to determine who the reporter or complainant is in a criminal case, it can be determined by who comes to the police station to complain or report an event suspected of being a criminal event.
Determining What Event Was Reported
To determine whether an event constitutes a criminal event or not, an investigation effort needs to be carried out to gather certain information from various parties who are considered to understand because they saw, heard, and directly experienced the event. If all the necessary information has been collected, the next step is to find a legal basis that can be used to ensnare the perpetrator according to the criminal act he committed. The next process is to take legal action in the form of an investigation to fully uncover the criminal event by referring to the times or information in sequential order about the criminal event.
Where the Event Happened
This action is to determine the place where a criminal event occurred (locus delicti). In addition, locus delicti it is also important to determine which police, prosecutor's office, and court are authorized to handle a case (relative competence). Provisions regarding locus delicti are contained in Articles 2-8 of the Criminal Code. 4) When Did the Event Occur Tempus delicti is an effort to determine the time of the criminal event and in determining the time of the event it must be reasonable and easily understood by anyone. The theory of tempus delicti is very important in the application of criminal law. This is related to:
- Whether an act is prohibited and threatened with punishment at that time (Article 1 of the Criminal Code).
- Whether the defendant could be held accountable at that time (Article 44 of the Criminal Code).
- Whether the defendant was 16 years old at that time (Article 45 of the Criminal Code).
- When the act actually occurred.
The theory of tempus delicti consists of 4 variations:
- The theory of physical act (de leer van de lichamelijke daad), which states that the time of the crime is when the offense was committed by the suspect.
- The theory of the operation of the tool used (de leer van het instrument), which explains when a tool used to commit a crime works, such as poison and bombs. 3. Causation theory (de leer van het gevolg), which explains that when a crime occurs is determined by when the consequences of the crime arise.
- Plural time theory (de leer van de meervoudige tijd), which explains when a crime occurs based on the physical act and the resulting consequences.
Determining Who the Perpetrator and Victim or Injured Party Is
Determining the perpetrator and victim in a criminal act usually depends on the type of crime being investigated. In cases of fraud and defamation, the parties involved usually know each other. This is different from cases of rape or sexual harassment, which are often kept secret because the victim does not want to reveal the case for fear of spreading shame, thus complicating the law enforcement process. Meanwhile, for cases related to the circulation of narcotics and psychotropics, to find out who the real perpetrators of the event are, a thorough investigation needs to be carried out, because there is no guarantee that only the discovery of evidence will cause the person found to be a suspect.
How the Event Happened
At this stage, law enforcement officials seek to find out how the perpetrators of the crime committed their actions. The purpose of collecting this information is to find a match between the act against the rule of law and the existing rule of law. If there is a match, the law must be immediately activated through investigation efforts. At this stage, law enforcement officials must also be able to think carefully and thoroughly to find the real legal event, which, of course, with a progressive legal mindset, the legal event can truly be placed in its proper position.
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