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KEWENANGAN POLRI DALAM PENGHENTIAN PENYELIDIKAN PERMASALAHAN TINDAK PIDANA DALAM PERKAWINAN PERSPEKTIF UU NOMOR 1 TAHUN 1974.
- Source :
-
Jurnal Sosial dan Sains (SOSAINS) . 2022, Vol. 2 Issue 8, p960-968. 9p. - Publication Year :
- 2022
-
Abstract
- Background: A marriage is valid if it is carried out according to the law of the religion. The problem is if the marriage is not registered at the marriage registrar's office or the State Civil Registration Service. A marriage that is not registered with the Civil Registry Service causes the position of the victim in a certain case that has to do with "a marriage", unable to legally claim his rights against the reported/perpetrator of a crime, especially if the victim is husband or wife, for reasons of that the marriage has no legal force Objective: To analyze the authority of the National Police in stopping the investigation of criminal offenses in marriage from the perspective of Law No. 1 of 1974 Methods: Research with normative juridical type, which is a process to find the rule of law, legal principles and legal doctrines in order to answer the legal issues faced, including the authority of the Police to interpret the provisions on religious beliefs in the perspective of Law Number 1 of 1974 concerning Marriage and its relation. between the authority of the Police to stop the investigation of criminal acts in unregistered marriage and the performance of the government in the field of police Results:. The results of the study indicate that the police's actions by interpreting legitimate according to applicable laws and the authority of the police to stop the investigation of criminal acts in unregistered marriages are categorized as maladministration. Conclusion: Discretionary actions by the police in NTT need the principle of prudence so as not to cause injustice and not to be selective with the perpetrators so as not to affect the principles of good governance. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Indonesian
- ISSN :
- 27747018
- Volume :
- 2
- Issue :
- 8
- Database :
- Academic Search Index
- Journal :
- Jurnal Sosial dan Sains (SOSAINS)
- Publication Type :
- Academic Journal
- Accession number :
- 158681093
- Full Text :
- https://doi.org/10.36418/jurnalsosains.v2i8.473