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CHRONOLOGY

Mr. P was found dead in the middle of the highway, Babile Bat, Ganti Village, East Praya
District, Central Lombok Regency on Sunday 10 April 2022 at around 01.00 WITA wearing
a yellow T-shirt, black shorts, flip-flops and a black cap. At the time of the incident, Mr. P
was found with stab wounds on the left and right back. Mr. P was found dead in a prone
position.

The victim was handled by the Criminal Investigation Unit of the Central Lombok Police and
immediately referred to the Bhayangkara Police Hospital of Mataram on Sunday, April 10,
2022 for an autopsy. According to the suspect's narrative, the suspect fought back when his
motorbike was about to be seized by four gangs of gangsters, each of them carried sharp
weapons, then they killed two perpetrators, one of them was Mr. P, while the other two
escaped.

DEFINITION OF PERSECUTION

According to the United Nations Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (UNCAT), article 1, persecution means that any act that
causes pain or suffering, both physically and mentally, which is intentionally carried out on a
person for purposes such as obtaining information or confessions from him or a third person,
punishing him for actions that have been committed or suspected by him/her or the third
person, intimidate or force by him/her or a third person for any reason and based on
discrimination of any kind.

Types of persecution  The law governing the persecution of people is contained in the
Criminal Code Articles 351 to 358

1. Ordinary persecution  This type of offense of ordinary persecution is regulated in


Article 351 of the Criminal Code, also known as persecution in the main form or
standard form or basic form.
2. Mild persecution  The type of mild persecution is regulated in Article 352 of the
Criminal Code
3. Severe persecution  The form of severe persecution as regulated in Article 354
paragraph (1) and paragraph (2) of the Criminal Code
4. Premeditated persecution The offense of premeditated or planned persecution is
regulated in Article 353 of the Criminal Code
5. Planned severe persecution  Planned severe persecution is regulated by Article 355
of the Criminal Code. This crime is a combination of severe persecution (Article 354
paragraph (1)) and planned persecution (Article 353 paragraph (1)). These two forms
of persecution must occur simultaneously or at the same time

Definition of wound  From a medical point of view, wounds are tissue damage in the body
with or without skin surface discontinuities. Meanwhile, from a legal point of view, injury is
an abnormality that can be caused by a criminal act, whether intentional, recklessness, or
negligence.

1. Wounds due to blunt force trauma  is a condition caused by contact with objects
that have blunt / hard / rough surfaces such as stones, wood, hammers, fists, nails, and
so on to body tissues, resulting in injury.
a) Contusion, which is a condition where the wound is swollen with a bluish color,
this is due to the occurrence of blood clots in the tissue in living people due to
rupture of capillary blood vessels due to violence or force.
b) Abration, is the loss of part or all of the epidermis caused by friction with a blunt
object on the surface of the body, mostly in traffic cases.
c) Laceration, which is a condition where the occurrence of a tear in the skin covers
all layers of the skin, can reach the muscles and even bones. A laceration wound is
an open wound with uneven edges, irregular internal walls and sometimes found
tissue bridges, namely tissue fibers that are still intact. These wounds are caused
by the impact of a blunt object on the victim's body (or vice versa) at a
perpendicular angle. which will produce the pattern / shape of the object that hits
it.
2. Wounds caused by sharp objects  defined as trauma caused by an instrument with a
sharp tip and sharp edge
a) Stab wound/vulnus punctum, is an open wound with a wound that is greater than
the width of the wound, the edges of the wound are usually flat with a sharp cut
angle on the sharp side of the object causing the stab wound. The stab wound has
the character that the wound shows the minimum size of the weapon's length and
the width of the wound indicates the maximum size of the weapon's width. This
wound is caused by a sharp object or sharp object, which hits the body in a
perpendicular direction, or more or less perpendicularly
b) Incised wound/vulnus scissum, this wound is caused by a sharp object hitting the
body in a direction more or less equal to the body surface. The length of the
wound is usually greater than the depth of the wound. Hair roots at the edges of
the wound are usually cut off and there is no tissue bridge
c) Chop wound/vulnus caesum, This wound is caused by a heavy object with sharp
edges, which occurs with a swing accompanied by great force. A chop wound is a
kind of slash wound that occurs due to a larger sharp object by exerting a greater
force. The wound is usually large, almost always causes damage to the bone, can
cut off the part of the body that was stabbed, there may be bruises on the edges of
the wound

Wound qualification  Determination the degree of wound or wound qualification can be


seen in the conclusion section of the VeR written by the doctor according to the formulation
of articles 351, 352, and 90 of the Criminal Code. Legally, the three conditions of wound lead
to different punishment consequences for the perpetrators. The degree of wound relates to the
provisions regarding wounds caused by criminal acts of persecution. Based on forensic
medicine, to describe the condition of a person's wound, the wound is qualified as follows:

1. First degree wound (class C wound)


In first degree wound, the victim of a crime only requires an examination of his/her
condition and from the results of a forensic medical examination, he/she does not
require further treatment in a hospital. The conclusion of the first degree wound in the
visum et repertum, in the context of criminal law is related to the crime of minor
maltreatment as specified in Article 352 of the Criminal Code.
2. Second degree wound (class B wound)
In the second degree, where the wound requires treatment for the victim of a crime for
a while, where after being observed the victim requires further treatment in a hospital.
The conclusion given for the second degree wound is a wound that causes obstruction
of the position/work/activity for a while. The conclusion of the second degree wound
in the visum et repertum in the context of criminal law is categorized as a criminal act
of persecution (ordinary) as stipulated in Article 351 section (1) of the Criminal Code.
The category of wounds that require temporary treatment in the qualification of
second-degree wounds is not determined how long the period or temporary period is
3. Third degree wound (class A wound)
In the third degree, where the wound causes serious injury so that it is hindered in
carrying out the position/job/activity, causes disability, and/or threatens life.
Qualification of third degree wound from the results of forensic medical examination,
in the context of criminal law according to the Criminal Code is qualified as severe
maltreatment as regulated in Article 351 section (2) and/or Article 354 section (1).
Serious injuries as stated in article 90 of the Criminal Code include:
a) Falling sick or getting an injury that doesn't give any hope of healing at all, or
that poses a mortal danger.
b) Not being able to continuously carry out the duties of the position or work of
his livelihood.
c) Losing one of the five senses.
d) Got severe disability
e) Suffering from paralysis
f) Impaired thinking power for more than 4 weeks
g) Abortion or the death of a woman's womb

DISCUSSION  Based on the results of the investigation, it was found that the patient was
an adult male who was the victim of death in a case of sharp object violence. The victim, P
(30 years old), was found dead on Sunday, April 10, 2022 at 01.00 WITA in Bebile Bat,
Ganti Village, East Praya District, Central Lombok Regency.

On external examination conducted on Monday, April 11, 2022 at 12.40-13.06 WITA, on the
face, a red-brown pressure blister was found on the right forehead measuring one point five
times one centimeter at a distance of two point five from the body axis, pressure abrasions
above the right eyebrow are brownish red measuring two by one centimeter with a distance of
five point five centimeters from the body axis, pressure abrasions above the right eyebrow are
brownish red measuring one time zero point five centimeters at a distance of seven point five
centimeters from the body axis, pressure abrasions under the right eye are brownish red
measuring two by one centimeter with a distance of five point five centimeters from the body
axis, and abrasions under the nose are brownish red measuring one point five times zero point
five centimeters right on the body axis. Based on the characteristics of these wounds, the
wounds are classified as pressure abrasions due to blunt force.

On external examination of the victim's body, a stab wound with irregular edges was found,
the sharp corner of the wound on the upper right side of the back was reddish, measuring five
by one centimeter, a depth of four point five centimeters with the distance of the first point
from the body axis being five centimeters, forty-two centimeters from the buttocks, one
hundred and twenty centimeters from the ankles, and the distance from the second point of
the body axis is eight centimeters, forty centimeters from the buttocks and one hundred and
seventeen centimeters from the ankles.

Based on these characteristics, the wound is classified as a stab wound due to sharp object
violence as trauma caused by an instrument with a sharp tip and sharp edge. As a result of the
violence experienced by the victim who died.

Based on the Criminal Code, the degree of severity of the wound or the qualification of the
wound in this case is classified as third-degree wound (class A). In the third degree, where
the wound causes serious injury so that it is hindered in carrying out the
position/work/activity, causes disability, and/or threatens life. Qualification of third degree
wound from the results of forensic medical examination, in the context of criminal law
according to the Criminal Code is qualified as severe maltreatment as regulated in Article 351
section (2) and/or Article 354 section (1).

CONCLUSION  Based on the facts found on external examination and examination of


internal organs carried out in the autopsy room of Bhayangkara Hospital, it is known that a
thirty-year-old man was examined with a height of about one hundred and seventy-two
centimeters, with brown skin.

1. On external examination found:

On the face, there were pressure abrasions on the right forehead, pressure abrasions
above the right eyebrow, pressure abrasions above the right eyebrow, pressure
abrasions under the right eye, and a scratch abrasion under the nose.
On the body there was a stab wound with irregular edges, a sharp corner of the wound
on the upper right side of the back with a reddish color measuring five by one
centimeter, a depth of four point five centimeters.

This can be caused by the hardness of blunt and sharp objects.

2. On examination of internal organs found:


There was a stab wound through the lower right lung measuring four times zero point
five centimeters with a depth of four centimeters.
3. The wound has been examined according to service standards at Bhayangkara
Hospital Mataram.
4. The qualification of the patient's wound is that the injury is life threatening or causes
death.

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