DIDIK SUDARYANTO, 031170140 (2017) PRINSIP KEPASTIAN PENGHENTIAN PENYELIDIKAN OLEH KEPOLISIAN NEGARA REPUBLIK INDONESIA. Disertasi thesis, Airlangga university.

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Abstract

Inquiry of criminal act is the earliest stage in the enforcement of criminal law in Indonesia that plays an important role in the successful completion of a criminal act. Although the research of criminal acts mentioned in the Criminal Code (KUHAP) as a part of a criminal investigation, but in practice, the two activities have fundamental differences, where the termination of the research of criminal acts are not followed up with the establishment of a legal product as termination of criminal investigations which have Warrant Termination of Investigation (SP3) as the legal product. Based on this, then there are two central legal issues raised in this dissertation, which is about the nature of the research of criminal acts and the legal impact of termination of the inquiry of criminal act by the Indonesian National Police. Type of this research is normative that combines the doctrinal type, reformoriented, and theoretical research. Approach to the problem that is used is the statutory approach and case approach. Analysis of legal materials of this research is conducted in four stages, beginning with the identification and classification of materials according to legal sources and their hierarchy; organizing legal materials; reviewing or analyzing of legal materials using inductive-deductive reasoning; and prescriptive analysis. The findings of the study stated that the nature of the research of criminal act under the aspect of ontology explained that the police of Republic of Indonesia is the only party that has the competence in implementing the research of criminal act; epistemological aspect explained that the research of criminal act is the Indonesian government's efforts through the police to clarify a criminal case by upholding human rights; axiology aspect explained that the research of criminal act contain the value of expediency, justice, equality, and order. The second finding stated that the termination of inquiry of criminal act is still not meet the principle of certainty. The third finding stated that the termination of the inquiry of criminal act requires the issuance of a legal product as the termination of criminal investigation to provide clarity on the process and outcomes of the research of criminal act to all parties followed by clear accountability on the implementation and termination of research of criminal act.

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