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International Journal of
Law
ARCHIVES
VOL. 12, ISSUE 2 (2026)
The legal review of the refusal of forensic autopsy in cases of environmental crimes resulting in death
Authors
Muhammad Ali Alladuniah, Ahmad Ainun Najib
Abstract
Forensic autopsy is a scientific procedure to determine the cause of death, especially in unnatural cases such as environmental crimes. However, its implementation in Indonesia often faces obstacles, particularly due to family rejections grounded in religious, cultural, or emotional reasons. This study uses a normative (doctrinal) approach by examining primary to tertiary legal sources. The legal basis for autopsies lies in the Criminal Procedure Code (KUHAP), the Health Law, and technical guidelines like the Minister of Health’s circular letters. Articles 133 and 134 KUHAP authorize investigators to request an autopsy with an obligation to inform the victim’s family. Nonetheless, KUHAP does not specify the legal consequences of a refusal, potentially hampering investigations and weakening law enforcement. Reformulation is thus needed to assert that an autopsy may still proceed despite objections, provided it is officially requested by investigators for investigative purposes. Without an autopsy, establishing the cause of death becomes difficult, especially when linking it to environmental crime, thereby risking impunity for perpetrators. This is critical as suspects can be charged under Article 359 of the Criminal Code and Article 98(3) jo. Article 116 of the Environmental Law. Family refusal may undermine the victim’s legal standing and reduce the chance of holding perpetrators accountable. Therefore, harmonizing KUHAP with sectoral regulations is crucial to strengthen evidentiary effectiveness and uphold justice for victims in environmental crime cases resulting in death.
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Pages:341-346
How to cite this article:
Muhammad Ali Alladuniah, Ahmad Ainun Najib "The legal review of the refusal of forensic autopsy in cases of environmental crimes resulting in death". International Journal of Law, Vol 12, Issue 2, 2026, Pages 341-346
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