TANGGUNG JAWAB JURIDIS DOKTER AHLI FORENSIK DALAM MENGUNGKAP PELAKU TINDAK PIDANA PERKOSAAN BERDASARKAN TES DNA (Deoxyribo Nucleic Acid) (STUDI KASUS PIDANA No. 48/Pid. B/2007/ PN. KLB Di Lapas KLAS II B Kalabahi)

Authors

  • gusti mandala

Abstract

Material truth is the truth of which its from an criminal by applying rule of Procedure of criminal squarely and precisely. One of the effort look for and get the material truth is by way of test DNA. Fundamental of problems is : How responsibility of yuridis Forensic Doctor Expert in expressing perpetrator of rape doing an injustice pursuant to DNA ? its target is to Know and study responsibility of yuridis forensic expert doctor in expressing perpetrator of rape doing an injustice pursuant to DNA. this research type is Research
of Empiric, source of its data [of] primary data and data of sekunder. Technique data collecting with documentation study and interview. Technique analyze result of research analyzed descriptively Qualitative. With research location in Institute of Prison class of II B Kalabahi, Alor NTT. Result of research Study obligations a forensic expert doctor hence can be seen that a forensic expert doctor have a specific law responsibility in its bearing with role of forensic expert doctor in assisting to express a criminal specially
rape case. Obligations of doctor which have been explained, having sanction able to be imposed by if the doctor do not do duty it as according to reason of valid. Studying deeper hit responsibility of yuridis forensic expert doctor in expressing perpetrator of rape  doing an injustice pursuant to DNA can be seen that role a forensic expert doctor of vital  importance. A forensic expert doctor very its its required related to its membership and its science which owned it in assisting enforcer duty punish to express an is criminal. Its
of him is that responsibility of yuridis forensic expert doctor in expressing perpetrator of  rape doing an injustice pursuant to DNA tes arranged in legislation in Section 1 item 28, Section 133 sentence ( 1), Section 179 sentence ( 1) Code Procedure of criminal, Code of No. 36 Year 2009 About Health, Code of No. 23 Year 2004 About Abolition Of Hardness In Household and Code of No. 23 Year 2002 About Protection of Child. So that pursuant to the law and regulation that each; every doctor can have recourse by him as expert but because owned specialty it, forensic expert doctor more play a part in expression process various crime case, specially in this case is rape case. So that boldness given by forensic expert doctor in an criminal which decanted in visum et repertum have strong law base and strength as a means of evidence able to wear in conference a is criminal. Pursuant to case analysis of No. 48 / Pid. B / 2007 / PN. KLB hence proven that proven DNA tes succeed to express perpetrator of rape crime, so that DNA tes eksistensi as a means of evidence earn responsibility reply and very useful in assisting to express an criminal which require DNA test. 

Keyword : Forensic Doctor Expert, Doing An Injustice, DNA Test.

Published

2017-09-26