Hukum Pidana Terkait Tes DNA Korban dalam Rangka Pembuktian terhadap Kejahatan Mutilasi

Abstract

The occurrence of murder accompanied by the mutilation of the victim basically requires adequate evidence so that the crime is proven, as one of the efforts to prove it requires certainty that the victim has been mutilated and if there is a missing limb it is necessary to find his identity. Often perpetrators try to eliminate evidence. DNA testing is an option, including if suspicious items are found that are suspected of being a tool to commit crimes. The blood attached to the found items was carried out. The purpose of this study was to find out how the law regulates the use of DNA testing by investigators to identify victims in uncovering the crime of murder by mutilating the body parts of the victim in a murder case accompanied by mutilation. This study uses a qualitative research type. In conducting the analysis, the juridical-normative research method used a law approach. The data analysis technique in examining the problems in this research is the statute approach, which is carried out on the rule of law in the legislation and relates it to the entire existing legal system. While the types and sources of data are primary data and secondary data. Conclusions from the results of the study: 1) There is still uncertainty regarding clear legal arrangements for mutilation murder cases both in the Criminal Code and other regulations for the crime of mutilation. 2. There is no legal regulation that explicitly regulates the crime of mutilation. 3. Regarding the DNA test as evidence of the criminal act of mutilation, it has not been recognized as independent evidence, so it cannot yet become binding evidence for judges in court, because DNA tests are only as evidence, so judges can consider others and are not bound by evidence. 4. Related to this, a special regulation in the Criminal Code should be made to regulate evidence with the results of DNA tests against victims of the crime of mutilation.