UPAYA PENYIDIK DALAM MENCARI ALAT BUKTI TINDAK PIDANA PENIPUAN VIA
SMS(SHORT MESSAGE SERVICE) BERDASARKAN KUHAP
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Institusion
Universitas Atma Jaya Yogyakarta
Author
Ardiana, Komang
Subject
Kenegaraan dan Pemerintah
Datestamp
2013-05-06 12:06:41
Abstract :
The title of this legal writing on "The Role of Investigators Seeking Evidence In Criminal Fraud Via SMS (Short Message Service) Based on the Criminal Procedure Code" Writing The purpose of this Law is to find out the role of investigator in search of evidence provided by the Criminal Code can be applied against perpetrators of criminal acts scams via SMS (Short Message Service). The method of this research in legal writing was normative legal research, a research of which was focused on positive legal norm by shape regulations and in this research it needed secondary data as main data. After doing research and dianalalisis using theories and concepts of Positive Law, it can be concluded as follows, how the role of investigators in the search for evidence provided by the Criminal Code can be applied to criminal fraud via SMS (Short Message Service) is a rule of criminal law (Article 184 Criminal Procedure Code) and the Civil Code (Article 1866) does not facilitate proof telephone network that is electronic as evidence, but as a guide in the search for other evidence, so by using the telephone network recording equipment used by the perpetrators. Then the legal consequences imposed on the perpetrators of criminal acts of fraud are mobile phones via SMS can be punished under the provisions of Article 378 of the Criminal Code, under penalty of imprisonment up to 4 (four) years Based on the discussion that has been done, the authors suggested order for the government to immediately revise Law No. 10 of 1981 on Criminal Proceedings. By adding the application or arrangement of the recording equipment to the telephone network as a tool that can uncover evidence, prove, and ensnare the perpetrators of criminal fraud via SMS (Short Message Service).
The title of this legal writing on "The Role of Investigators Seeking Evidence In Criminal Fraud Via SMS (Short Message Service) Based on the Criminal Procedure Code" Writing The purpose of this Law is to find out the role of investigator in search of evidence provided by the Criminal Code can be applied against perpetrators of criminal acts scams via SMS (Short Message Service). The method of this research in legal writing was normative legal research, a research of which was focused on positive legal norm by shape regulations and in this research it needed secondary data as main data. After doing research and dianalalisis using theories and concepts of Positive Law, it can be concluded as follows, how the role of investigators in the search for evidence provided by the Criminal Code can be applied to criminal fraud via SMS (Short Message Service) is a rule of criminal law (Article 184 Criminal Procedure Code) and the Civil Code (Article 1866) does not facilitate proof telephone network that is electronic as evidence, but as a guide in the search for other evidence, so by using the telephone network recording equipment used by the perpetrators. Then the legal consequences imposed on the perpetrators of criminal acts of fraud are mobile phones via SMS can be punished under the provisions of Article 378 of the Criminal Code, under penalty of imprisonment up to 4 (four) years Based on the discussion that has been done, the authors suggested order for the government to immediately revise Law No. 10 of 1981 on Criminal Proceedings. By adding the application or arrangement of the recording equipment to the telephone network as a tool that can uncover evidence, prove, and ensnare the perpetrators of criminal fraud via SMS (Short Message Service).
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