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VOL. 9, ISSUE 1 (2023)
Legal reconstruction of homicide crime scene reconstruction based on justice value
Authors
Gunarto, Akhmad Zubairy, Anis Mashdurohatun
Abstract
The purpose of this study is to analyze the weaknesses of the regulation on the reconstruction of the homicide scene and how to reconstruct it based on justice value in a qualitative type of research. The approach method in this research is socio-legal-research research. The legal theory used as an analytical knife includes the grand theory of justice theory, the middle theory of legal system theory, and the Applied Theory, which is the legal protection theory. The results of the study show that the regulation on the reconstruction of the homicide scene was not based on the value of justice because there were no strict norms governing the existence of the reconstruction itself. So far, the Criminal Procedure Code as the main body of criminal procedural law in Indonesia has only focused on regulating evidence in court, while the evidence available before the court has not been regulated in detail. Reconstruction is carried out before the case enters trial, however, in an urgent sense, reconstruction is very useful for evidence and is beneficial for the parties involved in criminal trials, especially the suspects and victims. The current weaknesses in the regulation of the reconstruction of the homicide case are that there are no strict norms governing whether or not it is mandatory to conduct the reconstruction. Reconstruction is very useful for parties involved in proving a crime, for example for a suspect, in this case, the suspect will be able to provide his true position in the occurrence of a crime involving the loss of life which is not included in the Case-Filling Report at the investigation stage. Then from the side of the victim's family, their presence either represented by their legal counsel will add to the strength of the aspect of supervision of the implementation of the reconstruction, thereby reducing or even avoiding the abuse of authority that can be carried out by law enforcers. therefore, the Legal Reconstruction of the homicide scene reconstruction based on the values of justice is done by adding a special provision in the Criminal Procedure Code that the reconstruction of the crime of scene must be included in the Criminal Procedure Code as a form of the value of justice for all parties involved in the trial of a criminal case.
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Pages:154-158
How to cite this article:
Gunarto, Akhmad Zubairy, Anis Mashdurohatun "Legal reconstruction of homicide crime scene reconstruction based on justice value". International Journal of Law, Vol 9, Issue 1, 2023, Pages 154-158
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