What Are SPDP And SPRINDIK In The Implementation Of Legal Case Investigations
YOGYAKARTA - The investigation stage is carried out after an incident or case is declared a criminal act. At this stage, a Notice of Investigation Commencement (SPDP) will be issued. What is SPDP and how is the process?
At this stage, investigators will look for and collect evidence used to explain the criminal acts handled. In accordance with Article 1 point 2 of the Criminal Procedure Code, the process helps in finding the suspect in the crime.
Apart from SPDP, in the world starting the investigation process, an investigation warrant (SPRINDIK) is also needed. Let's recognize what SPDP and SPRINDIK are and the provisions are.
SPDP or Notification of Investigation Commencement is an official document submitted by police investigators to the Head of the Prosecutor's Office to notify the start of the investigation, as stipulated in Article 1 number 16 of Perkap 6/2019 concerning Criminal Investigation.
Without SPDP, the public prosecutor will not know that the investigation process is ongoing. This condition can certainly hinder the pre-prosecution process and reduce the effectiveness of coordination between investigators and public prosecutors. SPDP is formal evidence that investigators have started investigating a case.
In accordance with Article 109 of Law no. 8 of 1981 concerning the Criminal Procedure Law (KUHAP), investigators have the obligation to send this notification to the public prosecutor. In the context of Article 1 number 2 of the Criminal Procedure Code, the investigation aims to gather evidence that can clarify the criminal act that occurred and identify the suspect.
Article 109 of the Criminal Procedure Code stipulates that investigators have started investigating an incident that is a criminal act, investigators informing the public prosecutor about it.
In the event that the investigator stops the investigation, the investigator informs the public prosecutor, the suspect or his family. Termination of the investigation can occur because several things such as there is not enough evidence or the incident is not a criminal act or the investigation is stopped for the sake of law.
SPDP is a form of check and balances in carrying out the authority of the investigation. The public prosecutor as the holder of the prosecution has the right to determine whether an investigation is complete or not. In that context, the investigator informed the prosecutor through a letter the start of the investigation
SPDP must include the following information:
SPRINDIK or Investigation Order is an administrative document that must be fulfilled when carrying out the investigation, as stipulated in Article 13 paragraph (1) of Perkap 6/2019.
Meanwhile, Article 1 number 2 of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) defines an investigation as a series of actions taken by investigators based on the provisions of the Criminal Procedure Code, with the aim of collecting evidence that can clarify the criminal acts that occurred and identify the suspects.
Based on Article 13 of Police Regulation No. 6 of 2019 concerning Criminal Investigation (Perkap 6/2019), it is stated that at least SPRINDIK must contain the following information:
Demikianlah reviewasi mengenai apa itu SPDP dan SPRINDIK dalam pelaksanaan penyidikan. Baca juga contoh kasus hukum acara pidana dan analisinya yang terjadi di Indonesia.
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