{"title":"根据嫌疑犯和告密者在正常情况下之间的和平发出的终止调查令(SP3)","authors":"Azizul Hakiki","doi":"10.55606/jurrish.v1i2.113","DOIUrl":null,"url":null,"abstract":"The Order for Termination of Investigation or hereinafter referred to as SP3 is the authority given attributively to criminal investigators. This paper intends to provide an analysis in terms of normative law regarding the validity of the termination of an investigation carried out based on reconciliation between the suspect and the complainant in the case of ordinary offenses. Research is a main means in developing a science and technology with the aim of revealing the existence of a truth both systematically, methodologically, and consistently through the research process as well as conducting analysis and construction of the data that has been processed and then concluded. Article 109 Paragraph (2) of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) states that there are three conditions to stop an investigation of a criminal act. First, there is not enough evidence. Second, the act committed by the suspect is not a crime. Third, the investigation was stopped for the sake of law. The fact that the revocation of the police report resulted in the case being discontinued or terminated, as evidenced by the issuance of an Investigation Termination Order or SP3.","PeriodicalId":136975,"journal":{"name":"JURNAL RISET RUMPUN ILMU SOSIAL, POLITIK DAN HUMANIORA","volume":"34 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Surat Perintah Penghentian Penyidikan (SP3) Yang Diterbitkan Berdasarkan Perdamaian Antara Tersangka dan Pelapor dalam Delik Biasa\",\"authors\":\"Azizul Hakiki\",\"doi\":\"10.55606/jurrish.v1i2.113\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The Order for Termination of Investigation or hereinafter referred to as SP3 is the authority given attributively to criminal investigators. This paper intends to provide an analysis in terms of normative law regarding the validity of the termination of an investigation carried out based on reconciliation between the suspect and the complainant in the case of ordinary offenses. Research is a main means in developing a science and technology with the aim of revealing the existence of a truth both systematically, methodologically, and consistently through the research process as well as conducting analysis and construction of the data that has been processed and then concluded. Article 109 Paragraph (2) of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) states that there are three conditions to stop an investigation of a criminal act. First, there is not enough evidence. Second, the act committed by the suspect is not a crime. Third, the investigation was stopped for the sake of law. The fact that the revocation of the police report resulted in the case being discontinued or terminated, as evidenced by the issuance of an Investigation Termination Order or SP3.\",\"PeriodicalId\":136975,\"journal\":{\"name\":\"JURNAL RISET RUMPUN ILMU SOSIAL, POLITIK DAN HUMANIORA\",\"volume\":\"34 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-06-10\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"JURNAL RISET RUMPUN ILMU SOSIAL, POLITIK DAN HUMANIORA\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.55606/jurrish.v1i2.113\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"JURNAL RISET RUMPUN ILMU SOSIAL, POLITIK DAN HUMANIORA","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.55606/jurrish.v1i2.113","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
终止调查令(Order for Termination of Investigation,以下简称SP3)是刑事调查人员特有的权力。本文拟从规范性法律的角度分析在普通犯罪案件中,基于犯罪嫌疑人与投诉人和解而终止调查的有效性。研究是发展一门科学和技术的主要手段,其目的是通过研究过程系统地、方法论地、一致地揭示真理的存在,并对已经处理和总结的数据进行分析和构建。关于《刑事诉讼法》的1981年第8号法律第109条第2款规定,停止对犯罪行为的调查有三个条件。首先,证据不足。第二,犯罪嫌疑人的行为不构成犯罪。第三,为了法律而停止调查。撤销警方报告导致案件被中止或终止的事实,如发布调查终止令(SP3)所证明。
Surat Perintah Penghentian Penyidikan (SP3) Yang Diterbitkan Berdasarkan Perdamaian Antara Tersangka dan Pelapor dalam Delik Biasa
The Order for Termination of Investigation or hereinafter referred to as SP3 is the authority given attributively to criminal investigators. This paper intends to provide an analysis in terms of normative law regarding the validity of the termination of an investigation carried out based on reconciliation between the suspect and the complainant in the case of ordinary offenses. Research is a main means in developing a science and technology with the aim of revealing the existence of a truth both systematically, methodologically, and consistently through the research process as well as conducting analysis and construction of the data that has been processed and then concluded. Article 109 Paragraph (2) of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) states that there are three conditions to stop an investigation of a criminal act. First, there is not enough evidence. Second, the act committed by the suspect is not a crime. Third, the investigation was stopped for the sake of law. The fact that the revocation of the police report resulted in the case being discontinued or terminated, as evidenced by the issuance of an Investigation Termination Order or SP3.