Penghentian Penyidikan Tindak Pidana Kekerasan dalam Rumah Tangga dengan Alasan Tidak Terpenuhinya Unsur Mens Rea oleh Kepolisian (Studi Putusan Pengadilan Negeri Medan Nomor 84/Pid.Pra/2016/PN Mdn)

Abstract

The element of mens rea in the investigation of criminal acts plays a major role in determining the elements of criminal acts and is not a main element that investigators must be able to reveal when conducting an investigation. If the mens rea element is not found, this does not mean that the criminal case must be stopped, as has happened in the investigation of domestic violence crimes in the Medan District Court Decision Number. 84/Pid.Pra/2016/PN Mdn. The purpose of this research is to analyze the regulations regarding the termination of investigations by the Police, the position of the mens rea element in the investigation process, the basis for stopping investigations into domestic violence crimes in the Medan District Court Decision Number. 84/Pid.Pra/2016/PN Mdn. This research method uses a type of normative or doctrinaire legal research. The approach method uses a statutory approach (status approach) and a case approach (Case Approach) The data analysis method uses descriptive qualitative. The results of the research concluded that regulations regarding the termination of investigations by the Police in Indonesia are regulated in Articles 24 to 29, Article 109 paragraph (2) of Law no. 8 of 1981 concerning the Criminal Procedure Code, Constitutional Court Decision no. 21/PUU-XII/2014, PERMA 4 of 2016 concerning Prohibition of Reviewing Pretrial Decisions, Articles 76, 77, 78 of the Criminal Code, National Police Chief Regulation no. 6 of 2019 and No. 12 of 2009. The position of the mensrea element in the investigation process in Indonesia is very important in determining the appropriate article that the perpetrator is charged with. The indicators can be seen from the purpose (purpose/intent), knowledge (knowledge), carelessness (recklessness), negligence (negligence) found in the perpetrator. These indicators will help the judge's confidence in making decisions to prosecute criminal acts. Based on this termination, the Panel of Judges has canceled the letter of termination of the investigation and ordered investigators to continue the investigation in accordance with the instructions of the research prosecutor.