ANALISIS YURIDIS NORMATIF PENENTUAN YURISDIKSI DALAM PENYIDIKAN TINDAK PIDANA MENURUT UNDANG-UNDANG NO 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK
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Institusion
Universitas Muhammadiyah Malang
Author
Kartika Sari, Juwita
Subject
K Law (General)
Datestamp
2012-05-02 02:48:45
Abstract :
ABSTRACT The study object of this final assignment is the determination of jurisdiction over criminal investigation pursuant to law No. 11 of 2008 on electronic information and transaction. The law has explained some issues including the interpretation of the criminal act and the determination of jurisdiction over the criminal act. The determination of jurisdiction becomes the first thing to consider before entering the further litigation process. It is important because it facilitates the processing of the case basis up to the criminal judgment or other. If the jurisdiction is not determined, the case must be obstructed for the next processing competence. The law, however, does not clearly clarifay the determination of jurisdiction over the criminal act. Article 42 of law No. 11 of 2008 on electronic information and transaction only declares about the investigation based on the criminal code and the stipulations inside the law. Research method approaching the issues through normative juridical manner, which is underlining the legal aspect and other regulation in law format. This approach involves some activities such as reviewing, criticizing, and problem solving. These still accord with the law and other laws relevant with the observed objct. Result of research indicates that the determination of jurisdiction, whether it is based on case scene, actore domicile, or victim domicile, my be deeply analyzed by examining the authority of investigator, the competence my conclude that in general, the investigation is based on locus delcti ( based on the scene of case/criminal act ). If the trouble is found for locus delicti, victim or actor domiciles can be used with a causal theory concerning with the cause of the criminal act or with the place where the criminal is acted. Keyword : Jurisdiction, Investigation, Criminal Act, Electronic Information and Transaction
ABSTRACT The study object of this final assignment is the determination of jurisdiction over criminal investigation pursuant to law No. 11 of 2008 on electronic information and transaction. The law has explained some issues including the interpretation of the criminal act and the determination of jurisdiction over the criminal act. The determination of jurisdiction becomes the first thing to consider before entering the further litigation process. It is important because it facilitates the processing of the case basis up to the criminal judgment or other. If the jurisdiction is not determined, the case must be obstructed for the next processing competence. The law, however, does not clearly clarifay the determination of jurisdiction over the criminal act. Article 42 of law No. 11 of 2008 on electronic information and transaction only declares about the investigation based on the criminal code and the stipulations inside the law. Research method approaching the issues through normative juridical manner, which is underlining the legal aspect and other regulation in law format. This approach involves some activities such as reviewing, criticizing, and problem solving. These still accord with the law and other laws relevant with the observed objct. Result of research indicates that the determination of jurisdiction, whether it is based on case scene, actore domicile, or victim domicile, my be deeply analyzed by examining the authority of investigator, the competence my conclude that in general, the investigation is based on locus delcti ( based on the scene of case/criminal act ). If the trouble is found for locus delicti, victim or actor domiciles can be used with a causal theory concerning with the cause of the criminal act or with the place where the criminal is acted. Keyword : Jurisdiction, Investigation, Criminal Act, Electronic Information and Transaction
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