KAJIAN HUKUM PIDANA INDONESIA ATAS PENYALAHGUNAAN ALAT BUKTI VISUM ET REPERTUM SEBAGAI SARANA UNTUK MELAKUKAN TINDAK PIDANA PEMERASAN

Rohmat
2020 Zenodo  
Visible evidence is a doctor's statement made in writing about medical results to humans who live or die, or parts or suspected parts of the human body, based on their knowledge and under oath for justice. The role of Visum et Repertum as one of the evidences in criminal cases concerning the human body. However, Visum et Repertum can be misused by some people to benefit themselves illegally, in other words, committing the crime of extortion. The problem in this paper is how the position of
more » ... he position of visum et repertum evidence in the study of the Indonesian Criminal Procedure Book, the strength of visum et repertum evidence and how the study of Indonesian criminal law against the evidence evidence visum et repertum is used as a means to commit extortion crimes. This type of research uses normative analysis research. The research material used is secondary material. Then the data collection method is carried out through literature studies, while the data analysis is done qualitatively. Based on the research results it can be concluded that Indonesian criminal law has not directly controlled it. It can be said that the strength of the Visum et Repertum evidence is only as a complementary instrument in the search for truth. Someone who intentionally uses post mortem for his own benefit illegally, then that person cannot be considered as a victim but other offenders related to witnesses. Based on the analysis of the criminal element in the monistic flow and the element of criminal responsibility in the dualistic flow, the perpetrators of this crime have fulfilled the dolus element. This means that someone already has intentional and intentional actions to get minor or severe injuries with a view to benefiting oneself illegally.
doi:10.5281/zenodo.3625288 fatcat:j4j65zrphnhzpogv7qeexbu2b4