Can a Deceased Person Be a Suspect?

Legal Literacy - Lately, we have been confused by the police naming deceased individuals as suspects. At least in the near future, we can find 2 (two) cases of deceased people being named suspects.

The first case is the case of the Islamic Defenders Front (FPI) Laskar. At that time, the National Police named six FPI laskar members as suspects even though those six people had died. The second case is that of UI student Hasya Attalah Hasya, who died on October 6, 2022, after being hit by a Pajero car owned by a retired National Police officer with the rank of AKBP Eko Setia BW. Hasya's designation as a suspect came after the Metro Jaya Regional Police team conducted a case hearing 3 times. How are the Rules for Determining a Suspect?

The determination of a suspect is related to the safety and security of a person's human rights and is related to the human rights they possess. In Article 1 number 14 of the Criminal Procedure Code, a suspect is a person who, because of their actions or circumstances, based on initial evidence, is reasonably suspected of being the perpetrator of a criminal act.

Based on what is stated in Article 184 paragraph (1) of the Criminal Procedure Code which states: Valid evidence consists of: Witness testimony, Expert testimony, Letters, Instructions, Defendant's testimony.

Regarding the requirements for determining a suspect, it has been regulated in the Criminal Procedure Code which was later refined by the Constitutional Court's decision No.21/PUU-XII/2014, where in the decision it was stated that the determination of a suspect must be based on 2 pieces of evidence as stated in Article 184 of the Criminal Procedure Code and accompanied by an examination of the suspect.

Based on initial evidence, a person can be suspected of being the perpetrator of a criminal act, which depends on the amount of evidence and who is responsible for the criminal act, between the investigator and the public prosecutor may differ.

The procedure for resolving a case, including investigation and arrest, must be carried out professionally, proportionally, and transparently so that there is no abuse of authority and, furthermore, does not merely tend to make someone immediately detained.

The investigator's authority to designate someone as a suspect is a follow-up to the legal process of investigation carried out by the police. According to Article 1 number 5 of the Criminal Procedure Code (KUHAP), an investigation is a process of investigation to search for and find an event suspected of being a criminal act in order to determine whether or not an investigation can be carried out according to the method regulated in this law.