1 How many locus delicti happened in this case? Where it was?

Then, which district court has

authorization to examine this case?

locus delicti is where crime has been accoured/happend, so the locus delicti in this case have 2 crimescene
 di Jalan Kaliurang KM 6 sebelah selatan lapangan Kedulan Sleman(the place where the bodies of
victims of torture are dumped/ the bodies victim was found)

 jl. Banteng Jalan Kaliurang Sleman(the crimescene was accident happend/house of the suspect)

why only have 2 crimescene because only 2 place the accident happend. Not in the tatto art place and the
boarding house because that place not found the any accident breaking the law.
And which district court have autorization to examine this case is sleman distric court because the court
have principle kompetensi relatif

2. When did the crime happened? How many it occurred?

The crime happened 3 times

 happened at 23.35 WIB when the victim arrived at Febyan Eka Yunanto's house
 and the victim dumped in jalan kaliurang km 6 at 02.00 wib
 and victim body was found by residents at 04.00 wib

3. What article that being accused to suspect?

article is accused as a suspect is article about murder and article about persecution namely art 338 KUHP
Subsidair art 354 no (2) KUHP Jo art 55 KUHP

4 Did the arresting of this suspect occur during the pre-liminary investigation or the investigation
phase?

The arrest of the suspect is carried out at the investigation stage because at that stage there is a determination of
the suspect/during the pre-leminary investigation

5 What were the legal basis for the arresting of the suspect? Please mention at least two!

based arrest suspect on kuhap:

 Arrest must be made based on Article 17 of the Criminal Procedure Code, which is carried out against
a suspect who is strongly suspected of committing a crime and the suspicion is based on the beginning
of sufficient evidence. Arrests also cannot be made for more than one day.

 Article 16 of the Criminal Procedure Code, the parties authorized to make arrests are investigators on
the orders of investigators, investigators, and assistant investigators.

6 What were the subjective requirement to do detention?

.subjectif
Article 21 paragraph (1) of the Criminal Procedure Code, which states: The conditions for being
eliminated are based on criteria derived from and concludes that if they are not detained, they will damage
or eliminate them, and will even repeat the crime.
So the based subjecrtif is on the feeling of investigator police
7.What were the objective requirement to do detention

objectif
Arrangements related to the Objective Conditions can be found in Article 21 paragraph (4) of the Criminal
Procedure Code, which stipulates that detention can only be applied to suspects or defendants who have
committed criminal acts and/or attempted criminal acts.
So the based objectif of aresst suspect is based on article of the law

8. What were the legal reason by investigator to detent in this case?

The legal reason for the investigator's detention of the suspect in this case is clear because the suspect has
committed an crime that is a persecution causes death and is subject to Article 338 of the KUHP
Subsidiary 354 No. 2jo art 55 kuhp and the investigator of police arrest the suspect expalin in Art.21
kuhap paragraph 4 which explains that detention is subjective and objective

9. What is the difference between detention of a prison, home, and city? What kind of detention were
applied to suspect in this case?

DETENTION OF THE RUTAN (State Detention Center) is not further explained in the Criminal
Procedure Code. However, the details can be seen in Article 1 point 2 of the Ministerial Regulation no. 27
of 1983 concerning the Implementation of the Criminal Procedure Code, in which it is explained that
Detention in the State Detention Center hereinafter referred to as RUTAN is a place where a suspect or
defendant is detained during the process of investigation, prosecution and examination at a court hearing.

HOUSE ARREST is carried out in the residence or residence of the suspect/defendant by conducting
supervision to avoid everything that can cause difficulties in the investigation, prosecution or examination
in court. house arrest where the supervision arrangement is entirely dependent on the official concerned

CITY DETENTION is carried out in the city of residence or the place of residence of the
suspect/defendant, with the obligation for the suspect or defendant to report himself at the specified time.

So in this case the suspect can actually apply for the type of detainee , because the rules have not clearly
determined what needs to be done to get a change in the type of detainee, it all depends on the authorized
official.

10 What is the difference of disbanding and detention? Explain

 disbanding is the act of releasing a suspect or defendant from detention before his detention
period expires
 detention is the arrest of a suspect in certain places with secure

11.how kind of frisk?

HOUSE FRISK
According to Law no. 8 of 1981 concerning the Criminal Procedure Code (KUHAP), the frisk itself is
divided into two, namely house frisk and body frisk. Article 1 point 17 of the Criminal Procedure Code
describes a house frisk, namely;

Investigator's actions to enter residential houses and other closed places to carry out investigations and or
confiscation and or arrests in the case and according to the method regulated in this law.

BODY FRISK
Article 1 point 18 of the Criminal Procedure Code describes a body frisk, namely;
The action of the investigator to carry out an examination of the suspect's body and/or clothing to look for
objects that are strongly suspected to be on his body or that he brought with him for confiscation.

12. What are the conditions of frisk or seizure which do not require a prior court order? Please make an
example of each!

Search conditions that do not require a court order are circumstances that are very necessary or urgent,
such as:
1. It is feared that the defendant will run away/eliminate evidence if a search is not carried out
immediately
2. It is feared that the defendant will commit/repeat the crime

13.Please mention the items being confiscated in this case! From whom? What is the relevance of the
confiscation of the item? Explain!

The items seized by the police in this case were:

a. The cellphones of Febyan Eka Yunanto and Aryono Saiful Pranowo
b. Helmets belonging to Febyan Eka Yunanto and Aryono Saiful Pranowo
c. Motorcycle Vario Nopol Nopol AA9898CC
the relevance of the confiscation of the goods is used as evidence of the crime committed by the suspect in
the case.

14 Please mention at least two means of proof which have relevance with this case! Explain its contents!

 testimony from witness Farida diary which stated that the witness explained the chronology of the
victim being beaten by the suspect

 testimony from the witness, Dewi Rahma Wang, who explained the condition of the suspect who
was drunk

15 What is the difference of means of proof and physical evidence? Give an example each

 Evidence is also useful as a statement in assisting the investigation of criminal acts.

 evidence in the form of witness statements, writings or letters, statements of various parties, expert
statements, to information that can be seen

16 Who is the witness who provides explanation which can directly prove the elements of a criminal act
of this case? Explain by re-write his/her explanation!

testimony from witness Farida diary which explains

“Witness FARIDA DIARI's statement that on Sunday, November 8, 2021, the witness saw FEBYAN
EKA YUNANTO and ARYONO SAIFUL PRANOWO beating FAISAL AHTAR ISMAIL's head and
body with helmets until he was dead. wake up. Then, the witness tried to wake the victim by patting her
on the cheek but the victim remained unconscious”

The witness testimony explains the criminal elements in this case

17 What is the modus of the suspect in this case? Explain!

The modus in this case is that the suspect invites/calls the victim to come to his house without explaining
the intent of the suspect to invite the victim to his house.
18 According to you, in investigation phase, whether the suspect’s confession is required? Explain your
answer!

In the investigation stage, the suspect's statement is needed because at that stage all witness testimony is
needed, including the suspect's statement which is used to try the suspect in court.

19 When investigator has finished the minutes of opinion/resume of the case, then what is the next
process? Who has authorization to examine this case?
the case is transferred to the prosecutor to be submitted to the court in accordance with the jurisdiction where
the case occurred

20. What is meant by a criminal act:

• On Article 64 of Criminal Code? According to you, whether this case is a criminal offense which fulfills
the elements of Article 64 of Criminal Code? Explain your answer!
• On Article 55 of Criminal Code? According to you, whether this case is a criminal offense which fulfills
the elements of Article 55 of Criminal Code? Explain your answer!

 Based on article 64 of the Criminal Code, this case fulfills the elements of these articles because the
suspect has committed more than 1 act that is prohibited by law, namely persecution and making the
victim die so that it can be seen as an ongoing criminal act.

 Based on article 55 of the Criminal Code, this case fulfills the elements of the article because there are
more than 1 suspect so that the elements of the article can be charged.
Mid Exam Answer Sheet Even Semester 2021/2022 Page 1 of 2