FUNGSI KEPOLISIAN SEBAGAI PENYIDIK UTAMA: Studi Identifikasi Sidik Jari dalam Kasus Pidana

Abstract

Criminal justice process consists of a series of stages starting from the inquiry, investigation, arrest, detention, prosecution, investigation at the trial, to criminal prosecution. Investigations carried out to make a case to light by collecting evidence, evidence about the occurrence of criminal cases. The purposed of this study are 1) to determine the role of fingerprint identification as the evidence, 2) to find the right rule of the police in crime; 3) to know the obstacles investigators to find the fingerprint evidence in the investigation. Type of the empirical research is descriptive juridical analysis. The research approach uses qualitative approach. The nature of research is descriptive. Source data is used namely, 1) The primary data in the form of literature/documents and interviews; 2) Secondary data. Techniques in collecting the data in this are literature and interviews. Techniques of data analysis use an interactive model (interactive model of analysis), then the data collected will be analyzed through three stages, namely reducing the data, presenting data and drawing conclusions. The result of this study is that fingerprint is an evidence in the form of expert testimony (verklaringen van een deskundige: expert testimony). Clause 186 of Criminal Procedure Code states that the testimony comes from an expert in the field of state courts. The police action takes to perform screening against criminal cases, when viewed according to the rigid attitude of the criminal law known no compromise, it can not be justified. Sociological reasons are sometimes used in practice, usually more influenced by subjective elements inherent in self-police, as well as situations and conditions. The ability of officers in identifying is an important element in the search for evidence. The accuration of officers to identify is also indispensable in collecting evidence from crime scenes. The equipment used is also to be the most important factor in identification.