THE LEGALITY OF THE PEACE LETTER FORMED AS THE BASIS OF SP3 (LETTER OF DISMISSAL INVESTIGATION)

Abstract

Every single crime action that has been done would have negative consequences in the form of misbalancing of the positive or natural human life. To return it back to the positive life. It needs a responsibility action from the crime accusers. In fact, the society prefers to choose to have done the case through a peace action by a kinship spirit, between the crime perpetrators and the victims. Based on the background above, so the subject of the problem in this study are: 1) How is the legal basis of SP3 (Letter of Dismissal Investigation) spending in the Denpasar Police? 2) How is the legality of peace letter used as a legal basis of SP3 (Letter of Dismissal Investigation) expenditure by the police in Denpasar Police. The kind of research used in this study is empirical research. 1) The data used is a result of reviewing the state of the situation and condition, and the real facts directly by using an empirical juridical approach that reviews the problem that happened. It is reviewed from the legal view by doing a research which emphasizes on the empirical characteristics that are real field studies. 2) The primary data source was gotten from real situation in Denpasar Police (Denpasar Regional Police). 3) The processing and analyzing data in this study was done qualitatively, where the data that was obtained by the researcher from the library and real situation was processed qualitatively, then as the result, the researcher served by descriptive analytical. The legal basis of SP3 (Letter of Dismissal Investigation) expenditure in Denpasar Police at the investigation level, that is in article 1 point 2, article 7 section (1) letter I, article 109 section (2) KUHAP (Criminal Code Procedures).Police Report Number: LP/1168/VII/2016/Bali/Resta Dps on August 15 th 2016.The result of the title case on October 4 th 2016. The Assessment Letter ofDenpasar Regional Police Chief on October 4 th 2016 about the dismissal of the investigation. The legality of peace letters used as a legal basis of SP3 expenditure by the police of Polresta Denpasar are: Having an absolute legal force, the effort to appeal and cassation is closed, having a strength execution. Article 130 of HIR regulates that peace certificates have a force and will be done as a normal judges' decision and against the ruling, it cannot be asked for appealing. In other words, again the peace agreement that has set down on the final judgment. There are nojudicial remedies that can be done for that.