Open AccessUpaya Kepolisian dalam Penanganan Kasus Tindak Pidana Pembunuhan yang Dilakukan WNA (Warga Negara Asing) terhadap WNI (Warga Negara Indonesia)
Author(s) -
Cokorda Gede Agung Rama Yudha,
Anak Agung Sagung Laksmi Dewi,
I Nyoman Sutama
Publication year - 2021
Publication title -
jurnal konstruksi hukum
Language(s) - English
Resource type - Journals
ISSN - 2746-5055
DOI - 10.22225/jkh.2.1.2959.10-14
Subject(s) - indonesian , law , political science , legal process , legal research , law enforcement , order (exchange) , normative , state (computer science) , settlement (finance) , criminal code , criminal law , sociology , criminology , business , philosophy , linguistics , finance , algorithm , computer science , payment
Indonesia is a law state that has a binding nature of its citizens based on the territorial principle in which the principle explains, the regulations in force in Indonesia apply to all people namely Indonesian citizens and foreigners residing in Indonesia, Police efforts in handling cases of murder committed by foreigners Indonesian Citizens based on article
338 of the Indonesian Criminal Code where the act constitutes an action by eliminating
the lives of others. Therefore the authority of the police in handling the case as investigators to maintain security and order in Indonesia. The formulation of the issues raised in this study is how the investigation process in the crime of murder by foreigners is reviewed with the territorial principle and how the Legal Settlement of Criminal Acts of Murder by Foreigners Against Indonesian Citizens Based on the judicial system in Indonesia is reviewed with the Territorial Principle. This type of research is normative legal research with the study of legal literary materials as a process for finding legal rules, legal principles, and legal doctrines in order to address the legal issues encountered and also the approach to the law is as a form to find the rules relating to an offense, law enforcement, victim, criminal act of murder committed by a foreign national. The conclusion of this research is that the police have the authority as an investigator in a criminal case of a murder committed by a foreigner against a citizen, the investigation process is in accordance with the provisions of the Republic of Indonesia police regulation number 6 of 2019 and also article 6 of the Criminal Procedure Code concerning the provisions of the investigation with the provisions of article 2 of the Criminal Code explained that the regulations in Indonesia apply to all of its citizens residing in Indonesia and that enforcement is carried out against perpetrators of murder committed according to the judicial system in Indonesia based on the provisions of article 2 of the Criminal Code concerning territorial principles with article338 of the Criminal Code. suggestions for foreigners and citizens to be more subject to regulations that apply in Indonesia so that the creation of justice and peace and advice to the government to pay more attention to local residents.