Juridical and Sociological Implications of Wrong Arrest (Wrong Procedure) Against the Defendant in the Criminal Justice System Linked to the Rights of Citizens and the Protection of Human Rights

Hasdaryatmin Djufri

doi:10.7176/jlpg/90-12

Abstract

The legal protection given to the accused is an indication of wrongful arrest is treated the same as the other defendants that is given their rights under the Criminal Procedure Code. This was done because it prioritized legal certainty, namely by the existence of an innocent verdict from the court, the decision could be used as the basis for the right to file compensation claims. Legal protection related to the defendant's rights has been regulated in international conventions and legislation, but its implementation needs to be emphasized, so that investigators in carrying out their duties are more professional. Judicially, and sociologically, for citizens who have experienced wrongful arrests (wrong procedures) their rights will still be protected, as stipulated in the ICCPR (International Convenant on Civil and Political Rights), in which case Indonesia has ratified and has been regulated in Criminal Procedure Code, and strengthened by subsequent legislation. Keywords : Legal Protection, Implementation of Law Enforcement, Human Rights DOI : 10.7176/JLPG/90-12 Publication date :October 31 st 2019

Highlights

In addition to the law as an application of democratic theory about general elections chosen by a country, the relationship between law and democracy can be seen in terms of rule of law or nomocracy as one of the pillar of democracy
The system of political representation as a form of representative democracy is able to realize the voice of the people in legislation, budgets, and oversight of the implementation of legislation and budgets, and able to work in synergy with executive institutions
There are many violations committed by law enforcers against suspects and defendants, for example the right of suspects to be accompanied and defended by legal advisors. This situation in practice tends to be ignored by law enforcers, even though these rights must be given to suspects or defendants. This right is an obligation of law enforcers to provide, so that the interests and rights of suspects and defendants can be protected as intended in Article 56 paragraph (1) of the Criminal Procedure Code

Summary

Introduction

This right is an obligation of law enforcers to provide, so that the interests and rights of suspects and defendants can be protected as intended in Article 56 paragraph (1) of the Criminal Procedure Code.3 The replacement of the panel of judges proposed by the defendant's legal counsel cannot be carried out, because the elements in Article 157 Criminal Procedure Article 29 paragraphs (3), (4) and paragraph (5) of Law no.

Results

Conclusion