TINJAUAN YURIDIS AUTOPSI ULANG KORBAN TINDAK PIDANA DAN KEKUATAN HUKUM PEMBUKTIANNYA

Abstract

In criminal cases, evidence is always a principal and crucial matter,
because sometimes in processing a case. Witnesses, victims and perpetrators are
silent, meaning they do not want to provide information. Because it makes proof
something important. In practice, autopsies are performed more than once. The
function of the autopsy is as a criterion in determining the criminal liability of the
perpetrator. If there is a re-autopsy whether the judge ignores one of them, and if
there are two autopsy results how the judge assesses each autopsy because not
necessarily the results of the re-autopsy are correct. This raises the uncertainty of
the position of the re-autopsy results for the purposes of trial evidence. Then in
the forensic regulation in Indonesia, it does not clearly regulate re-autopsy,
including the conditions that must be met if you want to do a re-autopsy, the time
limit for re-autopsy and how many times a re-autopsy is carried out. The
regulation of re-autopsy in Indonesia is not regulated in legislation and has not
clearly regulated the position of re-autopsy evidence and its legal certainty.
This research is classified into normative juridical research. The data used
are primary data and secondary data consisting of primary legal materials,
secondary legal materials, and tertiary legal materials. The data collection
technique uses the literature review method, namely describing and analyzing
data from several sources such as laws, books and opinions of criminal law
experts. This research was then analyzed descriptively qualitatively. The inference
technique used is by doing a deductive mindset.
The results of this study are that re-autopsy is valid because it strengthens
the search for material truth of a criminal act and re-autopsy re-autopsy for
evidentiary purposes depends on the judge's consideration in assessing the results
of the re-autopsy. Because the value of the evidentiary power is free, it is hoped
that the judge will consider justice, expediency and legal certainty in deciding
criminal cases so that there will be no misguided decisions.
Keywords : Autopsy,Victim,Criminal Act,Evidence