Christianto, Hwian (2019) Arti Penting Surat Pemberitahuan Dimulainya Penyidikan: Kajian Putusan Mahkamah Konstitusi Nomor 130/PUU-XIII/2015. JURNAL KONSTITUSI, 16 (1). pp. 170-191. ISSN 1829-7706
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Abstract
The Decision of Constitutional Court Number 130/PUU-XIII/2015 did not only change the formula of Article 109 paragraph (1) of the Criminal Code, but also the focus of the legal concept of the law in order. The existence of the decision has brought problems in the Criminal Code in effect, so the analysis of the Notification Letter of the Commencement of Investigation is important based on the legal base of the Criminal Code and the guarantee of human rights. A normative juridical method was used in analyzing the consideration of the Constitutional Court according to the Criminal Code, the provisions which were in effect and international and national legal instruments related to the human rights. The result of the analysis showed that, first, SPDP must be issued to the suspect, victim, and the prosecutor to show the movement of the concept of crime control model to the concept of due process model as well as a legal breakthrough based on the seven bases of the Criminal Code in effect. The Constitutional Court showed the consistency in the system of crime which put forward the principal of functional differentiation between the investigator and the prosecutor as the integrated criminal justice system; secondly, the understanding of the important meaning of issuing SPDP also fulfilled human rights of the suspect, the victim, and the country.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | SPDP, Asas Hukum Acara Pidana, Hak Asasi Manusia |
| Subjects: | H Social Sciences > H Social Sciences (General) K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law |
| Depositing User: | HWIAN CHRISTIANTO |
| Date Deposited: | 29 Apr 2019 01:44 |
| Last Modified: | 24 Mar 2021 16:03 |
| URI: | http://repository.ubaya.ac.id/id/eprint/34733 |
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