LEGAL PROTECTION OF THE SUSPECTS TO NOT EXPERIENCE VIOLENCE IN INVESTIGATION PROCESS

Abstract

A suspect is someone who because of his actions or circumstances, based on initial evidence, should be suspected of being the perpetrator of a crime. Based on this explanation, the suspect is still suspected of being the perpetrator of a crime, which is not certain unless he has obtained permanent legal force. This is in line with a fundamental principle known as the presumption of innocence which is stated in the general elucidation of the Criminal Procedure Code and Law Number 48 of 2009 concerning Judicial Power. Constitutional guarantees for human rights, especially suspects, are very important to protect every citizens basic rights, which means that every ruler in the state should not act arbitrarily towards its citizens. The form of protection for the suspects rights has been outlined in the Criminal Procedure Code (KUHAP). In general, the rights of suspects are regulated in Article 50 to Article 68 of the Criminal Procedure Code. This research is intended to determine the legal protection of suspects rights not to be subjected to violence in the investigation process and forms of violation of suspects rights in the investigation process. The methods used in this research are the socio-legal and statutory approaches. The socio-legal approach is used to examine and explore research issues by studying norms, related legal doctrines, and the application of both, as well as social phenomena related to the issue of legal protection for children as perpetrators of crimes. In addition, a statute approach is also used per the scientific character of law as a practical science with an authoritative normology. The result of this research is that the legal protection of the suspects right not to be subjected to violence in the investigation process has the most basic foundation which has been regulated in Article 28 G Paragraph (2) of the 1945 Constitution and Article 33 Paragraph (1) of Law Number 39 of 1999 Regarding Human Rights, forms of violation of the suspects rights in the investigation process can be identified if the application of the suspects rights is not per the provisions in the Criminal Procedure Code.