DISPARITY IN AUTOPSY ARRANGEMENTS RELATED TO THE VICTIM'S FAMILY'S CONSENT TO AN UNNATURAL DEATH

Abstract

Cases of unnatural death require an autopsy of the victim as regulated in Articles 133 and 134 of the Criminal Procedure Code (KUHAP). In Article 134 of the Criminal Procedure Code, investigators are obliged to notify the victim's family first. In Article 134 of the Criminal Procedure Code, investigators are only obliged to notify the victim's family, not to obtain approval for an autopsy of the victim's body due to unnatural death. This becomes a conflict of norms if we refer to Article 157 paragraph (3) of Law Number 17 of 2023 concerning Health which states that this must be done with the family's consent. Therefore, this research aims to analyze the disparity in arrangements for autopsy permits from the victim's family using research methods referring to the statutory regulatory approach and the conceptual approach. With the results of the research, there is a need for reconstruction and/or updating of related regulations. This aims to ensure real implementation of legal certainty as stated in Article 28D paragraph (1) of the Constitution of the Republic of Indonesia.