《刑事法》的评价对开创性的手术进行了权衡

Wahyu Krisnawati, Hari Soeskandi
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引用次数: 0

摘要

本研究的目的是为清廉委开展的手抓行动提供新颖性。使用规范研究,检查当前有效的规范或法律规则的应用。通过这一概念,研究人员想要审查反腐委员会在开展手抓行动时的权力是否符合刑事诉讼法中“当场抓”的规定。这样做是为了避免对这两个术语的适用性产生误解,因为任何法律及其实施程序都没有规定廉政公署进行的突击行动。在刑事诉讼法中,对于犯罪行为是否可以被当场抓获,有四项规定:一个人在犯罪时被逮捕,或在犯罪发生一段时间后立即被逮捕,或片刻之后被公众称为是罪犯,或片刻之后发现强烈怀疑被用来犯罪的物品,表明他是犯罪者或参与或协助犯罪。因此,通过对这两个术语的审查,可以得出结论,根除腐败委员会进行的手抓行动符合刑事诉讼法中规定的被抓。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
PERISTILAHAN OPERASI TANGKAP TANGAN DITINJAU DARI PRESPEKTIF KITAB UNDANG-UNDANG HUKUM ACARA PIDANA
The purpose of this research is to offer novelty related to the hand catch operation carried out by the corruption eradication commission. Using normative research that examines the application of norms or legal rules that are currently in effect. Through this concept, the researcher wants to review the authority of the corruption eradication commission in carrying out hand catch operation whether it is in accordance with the term caught red-handed in the criminal code of procedure law. This is done to avoid misinterpretation regarding the suitability of the two terms, considering that the sting operation carried out by the corruption eradication commission is not stated in any law and its implementation procedure. Being caught hand in the act of criminal procedure law has four provisions that determine whether the act can be caught red-handed or not, among others: the arrest of a person while committing a crime, or immediately after a while the crime was committed, or a moment later it is called out by the general public as the person who did it, or a moment later an object is found which is strongly suspected to have been used to commit the crime, indicating that he is the perpetrator or has participated in or assisted in committing the crime. So, through a review of the two terms, it can be concluded that the hand catch operation carried out by the corruption eradication commission is in accordance with being caught red-handed as stated in the criminal procedure code.
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