Imposing Criminal Sanctions on Perpetrators Who Obstruct the Investigation (Obstraction of Justice)

DOI

10.2991/978-2-38476-180-7_75How to use a DOI?

Keywords

Rule of law; o bstruction of Justice. Criminal sanctions

Abstract

The implementation of justice must be fair and honest in order to run a clean system without any specific purpose. However, it is undeniable that there are those who obstruct the judicial process which is categorized as the criminal activity of Justice is being obstructed. The criminal activity of Obstruction of Justice or the criminal offense of blocking the legal process has been regulated in various both regulations in the Police Code, as well as in unique criminal laws. There are non-criminal cases whose proof is difficult to do because of the unclear testimony of witnesses and the perpetrators themselves, therefore every witness is required to swear under oath to explain the actual judicial stage, not to mention the Justice Collaborator who is a suspect but not the main perpetrator and can expose the people involved in it. The formulation of the issue with this study is How is the legal arrangement for the perpetrator who obstructs the investigation and what criminal sanctions can be given to the perpetrator who obstructs the investigation. This kind of study is normative with a legislative, historical, and conceptual strategy. The conclusion of this study is that legal arrangements for perpetrators who obstruct the investigation process are found in Article 216 (1) and Article 221 (1) of the Criminal Code. Sanctions that can be given to perpetrators who obstruct the investigation process are criminal sanctions.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - I Made Minggu Widyantara
AU  - Agung Sagung Laksmi Dewi
AU  - Ketut Adi Wirawan
PY  - 2023
DA  - 2023/12/31
TI  - Imposing Criminal Sanctions on Perpetrators Who Obstruct the Investigation (Obstraction of Justice)
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 698
EP  - 708
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_75
DO  - 10.2991/978-2-38476-180-7_75
ID  - Widyantara2023
ER  -