JOSR: Journal of Social Research
Desember 2022, 2 (1), 191-198
p-ISSN: 2827-9832 e-ISSN: 2828-335x
Available online at http:// https://ijsr.internationaljournallabs.com/index.php/ijsr
http://ijsr.internationaljournallabs.com/index.php/ijsr
ANALYSIS OF EXAMINATION OF EVIDENCE THROUGH THE
SCIENTIFIC CRIME INVESTIGATION METHOD IN THE DISCLOSURE
OF HOMICIDE CRIMES
Hefa Ruspita, Muhammad Yusuf Siregar, Wahyu Simon Tampubolon, Risdalina
Faculty of Law, University of Labuanbatu
bundamodis2105@gmail.com, muhammadyusufsiregar0112@gmail.com,
Wahyu.tampubolon@yahoo.com, risdalinasiregar@gmail.com
Abstract (Indonesia)
Received:
Revised :
Accepted:
November 26,
2022
November 29,
2022
December 01,
2022
Latar Belakang: Penegakan hukum merupakan salah satu
usaha untuk menciptakan tata tertib, keamanan dan
ketentraman di dalam masyarakat, khususnya penindakan
setelah terjadinya pelanggaran hukum.
Tujuan: Penelitian ini bertujuan untuk mengetahui serta
menganalisis tentang penguatan alat bukti melalui scientific
crime investigation dalam tindak pidana pembunuhan. Serta
mengetahui serta menganalisis tentang kelebihan dan
kelemahan pemanfaatan metode scientific crime
investigation dalam pengolahan TKP yang dilakukan oleh
laboratorium forensik.
Metode: Penelitian ini termasuk jenis penelitian normatif.
Sehingga dapat diketahui bahwa metode scientific crime
investigation yang digunakan dalam pembuktian tindak
pidana pembunuhan forensik.
Hasil: Pasal 184 ayat (1) KUHAP telah mengatur alat bukti
yang sah menurut undangundang secara limitatif. Selain dari
alat bukti tersebut, tidak dibenarkan digunakan untuk
pembuktian kesalahan yang dilakukan oleh terdakwa.
Majelis hakim, penuntut umum, terdakwa, dan penasehat
hukum, terbatas dan terikat hanya dibenarkan menggunakan
alat bukti yang sesuai dengan aturan hukum acara pidana
saja. Pembuktian dengan menggunakan alat bukti selain alat
bukti yang diatur di dalam Pasal 184 ayat (1) tidak memiliki
nilai kekuatan pembuktian yang mengikat.
Kesimpulan: Berdasarkan pemaparan di atas, maka dapat
disimpulkan bahwa metode scientific crime investigation
yang digunakan dalam pembuktian tindak pidana
pembunuhan forensik.
Kata kunci: Pemeriksaan alat bukti, Scientific Crime
Investigation, Tindak Pidana Pembunuhan
Hefa Ruspita, Muhammad Yusuf Siregar, Wahyu Simon Tampubolon, Risdalina / JOSR: Journal
of Social Research, 2(1), 191-198
Analysis of Examination of Evidence Through the Scientific Crime Investigation
Method in the Disclosure of Homicide Crimes 192
Abstract (English)
Background: Law enforcement is one of the efforts to
create order, security, and peace in the community,
especially enforcement after violations of the law.
Objective: This study aims to find out and analyze the
strengthening of evidence through scientific crime
investigation in homicide crimes. As well as knowing and
analyzing the advantages and disadvantages of using the
scientific crime investigation method in crime scene
processing carried out by the forensic laboratory.
Methods: This research belongs to the normative type of
research. So that it can be known that the scientific crime
investigation method is used in proving the crime of
forensic murder.
Result: Article 184 paragraph (1) of the Criminal
Procedure Code has restrictively regulated valid evidence
according to the law. Apart from the aforesaid evidence, it
is not justifiable to be used to prove the wrongs committed
by the accused. Judges, public prosecutors, defendants, and
legal counsel, are limited and bound to use evidence by the
rules of criminal procedure only. Evidence using evidence
other than the evidence provided in Article 184 paragraph
(1) has no binding evidentiary force value.
Conclusion: Based on the explanation above, it can be
concluded that the scientific crime investigation method is
used in proving the crime of forensic murder.
Keywords: Examination of evidence, Scientific Crime
Investigation, Crime of Murder
*Correspondent Author: Hefa Ruspita
Email: bundamodis2105@gmail.com
INTRODUCTION
Law enforcement is one of the efforts to create order, security, and peace in the
community, especially enforcement after violations of the law.
The proof is one of the main things in the examination and enforcement after a
criminal case.
This is because through the evidentiary stage there is a process, method, and act of
proving to show the right or wrong of a defendant in a criminal case, especially in court
hearings.
The proof is a problem that plays a role in the examination process in court.
Through proof is determined the fate of the accused is.
Hefa Ruspita, Muhammad Yusuf Siregar, Wahyu Simon Tampubolon, Risdalina / JOSR: Journal
of Social Research, 2(1), 191-198
Analysis of Examination of Evidence Through the Scientific Crime Investigation
Method in the Disclosure of Homicide Crimes 193
If the result of proof by the evidence prescribed by law "does not sufficiently"
prove the guilt charged to the defendant, the defendant is "acquitted" of the sentence.
On the other hand, if the guilt of the defendant can be proved by evidence, then the
defendant is found guilty. The defendant will be imposed a sentence.
Therefore, judges must be careful, careful, assessing and considering the
evidentiary value (Harahap, 2002). The purpose of this proof is to provide
certainty/confidence to the judge of the truth of a concrete event that is disputed.
Achmad Ali and Wiwie Heryani stated, "The Law of Proof is the entire rule of
proof that uses valid evidence as a tool to obtain the truth through a judge's verdict or
determination" (Achmad Ali, 2008).
This aspect of proof has already begun at the stage of investigating criminal cases.
In the investigation stage, the act of investigation is carried out to find and determine an
event that is suspected of being a criminal act, to be able to investigate or not.
While in this stage there is already a stage of proof. Similarly, it is determined that
there is an investigator's action to search and collect evidence, and with that evidence makes
light of the criminal act that occurred and to find the suspect.
Based on Article 183 of Law Number 8 of 1981 concerning the Criminal Procedure
Code (KUHAP), it can be concluded that before the judge sentences the suspect/defendant,
the judge needs two pieces of evidence.
This evidence serves to strengthen the judge's belief in criminal acts committed by
suspects/defendants. In the face of criminal cases that are not supported by a minimum of
two valid pieces of evidence, it is difficult for law enforcement officials to prove whether
or not the suspect/defendant is guilty.
In ancient times, if law enforcement officials found a criminal case that was not
supported by valid evidence but residents suspected or accused someone of being the
perpetrator of the crime, then law enforcement officials would prioritize the confession of
the suspect/defendant.
In obtaining this evidence, law enforcement officials cut corners by persecuting
and torturing suspects/defendants by forcing them to confess to criminal acts.
The investigation process (KUHAP jo Article 1 number 10 of the Law of the
Republic of Indonesia Number 2 of 2002 concerning the Indonesian State Police,) criminal
acts today have made a lot of progress with the development of modern science and
technology.
One of the impacts of scientific and technological developments on investigations
using Scientific Crime Investigation or scientific-based investigations that are applied as
breakthroughs in the evidentiary process.
Scientific Crime Investigation Method, in Article 34 and Article 35 of the
Regulation of the Chief of Police of the Republic of Indonesia Number 6 of 2019
concerning Investigation of Criminal Acts (hereinafter abbreviated as Perkap 6/2019).
In article 34, investigators carrying out criminal investigations are supported by
technical assistance in investigating for scientific evidence (SCI).
Article 35 Technical assistance for investigations as referred to in Article 34,
among others:
a. Forensic laboratory, used if the Investigator requires the examination and testing
of evidence that must be received special treatment and/or treatment;
b. Identification, used if the Investigator requires certainty of the identity of the
Suspect / Witness / Victim of the criminal act and as evidence;
c. Forensic medicine, used if the Investigator requires the examination of
suspects/witnesses/victims who must receive special physical
treatment/treatment;
d. Forensic psychology used if the Investigator requires the examination of
suspects/witnesses/victims who must receive special psychic treatment/treatment;
and
Hefa Ruspita, Muhammad Yusuf Siregar, Wahyu Simon Tampubolon, Risdalina / JOSR: Journal
of Social Research, 2(1), 191-198
Analysis of Examination of Evidence Through the Scientific Crime Investigation
Method in the Disclosure of Homicide Crimes 194
e. Digital forensics, used if the Investigator requires the examination and testing of
Digital evidence that must be received special treatment and/or treatment.
The aforementioned auxiliary knowledge is used by the Indonesian National Police
in the disclosure of a criminal case.
This is because not all criminal cases can be revealed easily, for example in
criminal cases of murder by poisoning accompanied by persecution and there are many
other examples of cases that are very complicated for investigators to solve in terms of
criminal cases.
The CSI method is very useful in assisting investigators in terms of proving a
criminal act.
RESEARCH METHODS
The research method used in this study is a normative legal research method.
Normative legal research is legal research carried out by examining library materials or
secondary data (Soekanto, 2007).
According to Peter Mahmud Marzuki (Marzuki, 2010), normative legal research is
a process to find a rule of law, legal principles, and legal doctrines to answer the legal issues
faced.
In this type of legal research, often the law is conceptualized as what is written in
legislation or law is conceptualized as a rule or norm that is a benchmark for human
behavior that is considered appropriate (Asikin, 2004).
RESULTS AND DISCUSSION
Knowing the Strengthening of Evidence Through Scientific Crime Investigation in
Homicide Crimes
Article 184 paragraph (1) of the Criminal Procedure Code has restrictively regulated
valid evidence according to the law. Apart from the aforesaid evidence, it is not justifiable
to be used to prove the wrongs committed by the accused.
Judges, public prosecutors, defendants, and legal counsel, are limited and bound to
use evidence by the rules of criminal procedure only.
Evidence using evidence other than the evidence provided in Article 184 paragraph
(1) has no binding evidentiary force value.
Evidence has a central role in the process of finding material truth in a criminal case.
Therefore, in theoretical practice, a piece of evidence must be used and given a careful
assessment to achieve true truth without neglecting the human rights of the accused.
The strength of each of these pieces of evidence will be described as follows, namely:
1) The strength of the evidence of the testimony of witnesses the value of the
evidentiary power attached to the evidence of the testimony of witnesses is as
follows:
a) Has the power of free proof.
To the evidence, the testimony of the witness has not attached a perfect proof (volledig
bewijskracht) nor is it attached to it the character of the binding and decisive force of proof
(besliessende wewijs Kracht).
Witness testimony evidence is valid evidence that has free evidentiary value.
Therefore, the evidence of witness testimony as valid evidence does not have perfect
evidentiary power nor does it have binding and decisive evidentiary power.
b) The value of its evidentiary power depends on the judge's judgment.
Hefa Ruspita, Muhammad Yusuf Siregar, Wahyu Simon Tampubolon, Risdalina / JOSR: Journal
of Social Research, 2(1), 191-198
Analysis of Examination of Evidence Through the Scientific Crime Investigation
Method in the Disclosure of Homicide Crimes 195
The evidence of witness testimony as free evidence that does not have the perfect and
indeterminate value of evidentiary power is in no way binding on the judge.
The judge is free to consider its truth and perfection. It depends on the judge's
judgment to judge whether it is perfect or not. The judge doesn’t need to accept the truth
of every witness testimony.
The judge has the freedom to judge the force or truth attached to the witness's
testimony and may accept or set it aside.
Nevertheless, judges must be held responsible for exercising the freedom to judge the
evidentiary power of witness evidence.
The freedom of judgment of judges should not lead to arbitrariness without morality
and integrity.
c) Not all witness statements have value as evidence.
The testimony of witnesses who have value as evidence is by the provisions of Article
1 number 27 of the Criminal Procedure Code, namely that the witness sees, hears, and
experiences himself, and explains the reasons for his knowledge.
Furthermore, for a witness's testimony to have value as evidence, the witness's
testimony must be stated at the court hearing, by the provisions of Article 185 paragraph
(1) of the Criminal Procedure Code.
Witness statements stated outside the trial court are not evidence that cannot be judged
as evidence and cannot be used to prove the guilt of the accused.
d) The testimony of one witness alone cannot be judged as evidence (unus testis
nullus testis).
Although the testimony of a (single) witness is clear, the defendant denies the
testimony, and the single witness is not supported by other evidence, such a witness has no
evidentiary power.
It is different if, in the trial, the defendant admitted the criminal act charged against
him, then the testimony of a single witness is enough to prove the guilt of the defendant
because, in addition to the testimony of a witness, it has been supported by other evidence,
namely the defendant's testimony.
2) The strength of expert evidence.
The value of the evidentiary power attached to the evidence of expert testimony is as
follows (Rusli, 2007):
a) Expert testimony evidence has no binding and decisive evidentiary power
value. The value of the evidentiary power of expert testimony is the same as
the value of the strength of the evidence of witness testimony, that is, it has the
value of the power of free proof (vrijn bewijskracht). Judges are free to give
judgments and are not bound, but judges' judgments must be strictly morally
based and responsible for realizing the ultimate truth and for upholding the law
and providing legal certainty.
b) Based on the minimum evidentiary principle specified in Article 183 of the
Criminal Procedure Code, an expert's testimony that stands alone without
being supported by any of the other evidence, is not sufficient to prove the guilt
of the accused. Thus, for the expert's testimony to be judged sufficient to prove
the guilt of the accused, it must be supported by one of the other pieces of
evidence.
3) The power of letter evidence.
The evidence of the letter is an official form of minutes made by the authorized general
officer in the forensic criminalistic examination.
Hefa Ruspita, Muhammad Yusuf Siregar, Wahyu Simon Tampubolon, Risdalina / JOSR: Journal
of Social Research, 2(1), 191-198
Analysis of Examination of Evidence Through the Scientific Crime Investigation
Method in the Disclosure of Homicide Crimes 196
Namely the National Police Forensic Laboratory which contains information from
experts containing opinions based on their expertise on something or something that is
officially requested to prove the cause of death of the victim.
4) The strength of the defendant's testimony.
The strength of the evidence (Siti et al., 2019) the testimony of witnesses in the case
of murder with poison is not strong enough according to the author's judgment for the
following juridical reasons:
1) Witness testimony is one the evidence in a criminal case in the form of testimony
from a witness about a criminal event that he heard himself, saw for himself, and
experienced himself by mentioning the reason for his knowledge (The Code of
Criminal Procedure.). In the case of the murder with poison, there was not a single
witness other than the crown witness, who heard, saw, and experienced the murder
event himself.
2) In the case file of each defendant, there is only one witness who can prove the
guilt of each defendant, namely the crown witness, so by Article 185 paragraph
(2) of the Criminal Procedure Code, the testimony of a witness alone is not
sufficient to prove that the defendant is guilty of the acts charged against him.
However, in Article 185 paragraph (3) of the Criminal Procedure Code, it is
emphasized that this provision does not apply if it is accompanied by other valid
evidence so that the evidence of witnesses in the case of murder with poison must
be supported and corroborated with other evidence.
The scientific crime investigation method which is outlined in tangible form through
forensic laboratory examination and the testimony of police forensic experts becomes the
central point (hub).
In linking the relationship between perpetrators, victims, and evidence with the crime
scene the construction of a proof of criminal acts becomes stronger and can give confidence
to the judge in deciding a case fairly and by the facts.
In the case of the crime of murder with poison, the testimony of witnesses and the
testimony of the two defendants are linked and interconnected with each other after the
scientific crime investigation method is applied.
Knowing the Advantages and Disadvantages of Using the Scientific Crime
Investigation Method in Crime Scene Processing Carried out by the Forensic
Laboratory
For the advantages and disadvantages of using the scientific crime investigation
method in crime scene processing carried out by the forensic laboratory.
1. The advantage of the application of scientific crime investigation is the
disclosure of cases with old methods that are violent, interventional, and
others that are abandoned.
2. Fast, precise, and accurate inspection supported by special tools that have
been standardized internationally;
3. Minimize errors implemented at the time before the implementation of sci
(manual patterns are replaced with digital patterns).
With the application of scientific crime investigation, the disclosure of cases with old
methods that use intervention, violence, and so on is abandoned, because it is seen that it
is a sadistic and inhumane thing.
In addition, with the application of such methods, the examination becomes fast,
precise, and accurate. Because it uses special tools that support the examination of evidence
or processing of crime scenes.
This scientific investigation or SCI uses science that develops by the times.
It is becoming increasingly complex and detailed for the data resulting from such
checks.
Hefa Ruspita, Muhammad Yusuf Siregar, Wahyu Simon Tampubolon, Risdalina / JOSR: Journal
of Social Research, 2(1), 191-198
Analysis of Examination of Evidence Through the Scientific Crime Investigation
Method in the Disclosure of Homicide Crimes 197
And this refers to reducing or minimizing errors that often occur when processing
evidence, such as incomplete data.
While the disadvantages are:
1. Internal Side of Satcher (Work Unit): the limited number of human resources who
supervise and understand the use of Asus (Special Tools), and special equipment
both primary and secondary is expensive.
When viewed from the human resources owned by this country, it should be enough
to assist the Forensic Laboratory team in supervision and people who understand the special
tools that support the performance of the Forensic Laboratory.
In addition, the government should be more respectful with the procurement of these
special tools, although not all should always use these special tools.
But these tools are very useful for the smooth running of investigations and or
investigations. Because the resulting inspection data is much more detailed and accurate.
2. External Side of SatKer (Task Force): the public does not understand the
application (Scientific Crime Investigation), that the assumption of disclosure of
criminal acts by the police is still the model of the past. Using coercion, beatings,
and so on.
With the rise of social media at this time, the public should know better who are the
parties who work behind the scenes in processing crime scenes. Because so far, the public
only knows that the investigator is only the police.
Few people know, even if it is from legal circles. In addition, there are problems with
existing customs and religions that sometimes have rules that contradict the procedures
carried out by the Forensic Laboratory team and the cost of autopsies is still quite
expensive.
Like murder cases, most of it has been fancied, and it is difficult to autopsies. This is
because of the "pamali" or taboo of opening the shroud that has been worn, and also the
expensive cost of the autopsy.
CONCLUSION
Based on the explanation above, it can be concluded that the scientific crime
investigation method is used in proving the crime of forensic murder.
Suggestion
The need for further development for the implementation of its SCI (Scientific
Crime Investigation) and the addition of tools to support the performance of the Satcher
(Work Unit) of the Forensic Laboratory Team.
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Analysis of Examination of Evidence Through the Scientific Crime Investigation
Method in the Disclosure of Homicide Crimes 198
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© 2021 by the authors. Submitted for possible open access publication under the
terms and conditions of the Creative Commons Attribution (CC BY SA)
license (https://creativecommons.org/licenses/by-sa/4.0/).
