Criminal Procedure Code Research Articles

Correlation of the concept of «judicial control» with the concepts of «justice» and «judicial protection» in the criminal procedure of Ukraine

In the article, the author notes that the introduction of modern approaches to the legal regulation of the judicial control mechanism into the Criminal Procedure Code of Ukraine of 2012 was one of the right ways to realize the right to a fair trial. It is noted that judicial control, along with other mechanisms of criminal procedure, also ensures the implementation of the rule of law, a qualitatively new approach to understanding the rights and freedoms of a person in criminal proceedings, and a humanistic approach to criminal proceedings. The author also notes that both practitioners and scholars have repeatedly addressed the issues of the concept of judicial control, its features, and correlation with other categories and concepts. And the research by comparing the concept of «judicial control» with the concepts of «justice» and «judicial defense» will make it possible to establish new features of judicial control in criminal proceedings in Ukraine. That is why the author set as the purpose of the study to establish the correlation between the concept of «judicial control» and the concepts of «justice» and «judicial defense» in the criminal procedure of Ukraine. The article analyzes the works of Ukrainian scholars who reveal both the above concepts and their correlation, and also uses the decision of the Constitutional Court of Ukraine. The study concludes that judicial protection is an effective mechanism for guaranteeing rights and freedoms in criminal proceedings, and judicial control is a way of judicial protection. In the author’s opinion, it should be borne in mind that such control is exercised not only during the pre-trial investigation, but also during the judicial stages of criminal proceedings. The author concludes that justice and judicial control are separate functions in criminal proceedings. Their differences are related to the stages of criminal proceedings and their purpose and form of implementation. The subjective composition of the realization of justice and judicial control is not always different. Thus, in the case provided for in Part 3 of Article 309 of the Criminal Procedure Code of Ukraine, a judge will exercise judicial control over non-appealable rulings of the investigating judge, as well as justice in the same criminal proceedings.

Tracing Trajectories: Qualitative Visualizations of Migrant Death in South Texas, 1993–2020

Executive Summary This paper explores how qualitative information may be used to enhance understanding and inform recommendations for improved accounting of migrant deaths along the Texas-Mexico border. While border crossing related deaths affect jurisdictions throughout the US’s Southwestern border states and Northern Mexican states, Texas has unique challenges that merit specific examination. In short, the management and investigation of unidentified migrant decedents in Texas is severely fragmented and often noncompliant with Texas Criminal Code Procedure. I explore a way to improve accounting of migrant deaths leveraging qualitative information, local newspaper articles from South Texas and Northern Mexico, by using descriptive summaries coupled with Sankey Diagrams and a programmatic technique, qualitative spatial representation (QSR). QSR enabled me to identify under-recognized stakeholders (South Texas locals, Mexican consulates) and under-supported counties (i.e., those with migrant deaths that do not share a border directly with Mexico). I found that local English-language newspapers obscured the prevalence of migrant deaths and that their narrative tone of “business as usual” normalized the occurrence of such deaths. The Spanish-language articles better represented the diversity of agencies and individuals that were involved in the various aspects of migrant remains management and forensic investigation, most notably residents of South Texas themselves (or situational participants who first found the remains) and Mexican consulates. Finally, I noted that the collaborations among Texas counties and between Texan and Mexican jurisdictions, when they were described in the newspapers, highlighted that the phenomenon of migrant deaths penetrates beyond the dividing line of the Rio Grande/Río Bravo River. Migrant deaths must be accounted for in a way that reflects a regional experience in which people may perish as far as ~100 miles into Texas’ interior. Considering these observations, I have two policy recommendations. First, the Office of the Texas Governor should establish funds distinct from the Operation Lone Star program for the management of unidentified human remains. Currently, grants through the Operation Lone Star Program are the only funds available in Texas to support identification of migrant decedents. However, this program is explicitly designed to further border security operations in the state of Texas, which can contradict efforts around recovery and identification. The documentation and forensic investigation of the unidentified deceased can be eclipsed or neglected under the larger deterrence aims of Operation Lone Star. Second, to improve accounting and increase documentation of migrant deaths, a Regional Identification Center should be established in South Texas. Not every county in Texas has or has access to a Medical Examiner’s office, including the means to transport and pay for autopsy or other forensic services. The Center would provide training, store extra equipment such as mobile refrigerated morgues, and hire personnel to inventory cases, and report information to the state (e.g., vital statistics) and to foreign consulates. A Regional Identification Center would counteract the challenges highlighted in the local newspaper summaries and QSR by decreasing the isolation of counties experiencing migrant deaths and serve as a documentary and communication hub for stakeholders in Texas and Mexico.

SPEEDING UP JUSTICE: A CRITICAL ANALYSIS OF THE PRINCIPLE OF SPEEDY, SIMPLE, AND LOW-COST TRIALS IN INDONESIAN CORRUPTION CASES

This article investigates the issue of delays in law enforcement's implementation of criminal law in corruption cases, particularly in relation to the principles of speedy, simple, and low-cost trials. Utilizing a normative legal method and statutory approach, alongside case studies, the study explores the persistent delays in the Indonesian criminal justice system despite the emphasis on these principles. Delays in the reading of indictments have raised suspicions and potential discrimination in the enforcement of corruption cases. The right of a defendant to a prompt resolution, as outlined in the Criminal Procedure Code aligning with the shift from an inquisitorial to accusatorial principle and human rights development, is highlighted. However, the findings reveal that these principles are not consistently and effectively applied in Indonesia's criminal justice system. Key issues identified include prolonged, complex, and costly law enforcement processes in corruption cases, as well as obstacles hindering the swift and cost-effective resolution of state losses. Discriminatory practices, though not overt, manifest in various stages of the legal process, impeding the realization of fast, simple, and low-cost justice. To address these challenges and ensure fair trials, law enforcement must prioritize ethical and moral considerations in their practices

PENINJAUAN KEMBALI KEDUA DALAM PERKARA PIDANA BERDASARKAN SURAT EDARAN MAHKAMAH AGUNG NOMOR 7 TAHUN 2014

The right of review is the right of the perpetrator, in contrast to ordinary legal remedies whose application is enshrined in Article 268 paragraph (3) of the Criminal Code. However, in SEMA Number 7 of 2014, a review can be submitted on the grounds that there is a conflict between the decisions. Through Decision 467 Pk/Pid.Sus/2021, the panel of judges decided that the application was unacceptable. From the description above, the author intends to analyze two main issues to be examined, namely whether the decision is in accordance with the Criminal Procedure Code, and whether the reason for the decision is not acceptable to the application. In this paper, the author conducts a descriptive analysis method. Based on the discussion presented in this paper, it is concluded that the decision is not in line with Article 79 of Law Number 14 of 1985 concerning the Supreme Court, using the reason that there is no contradiction submitted as evidences as required in SEMA Number 7 of 2014

PENERAPAN SYARAT MATERIIL SURAT DAKWAAAN PIDANA PENGEROYOKAN PADA PUTUSAN NOMOR : 813/PID.B/2023/PN.SBY

The Public Prosecutor is responsible for prosecuting, beginning with the reading of the indictment. However, in practice, some indictments do not meet the requirements set out in the Indonesian Criminal Procedure Code (KUHAP), as seen in Decision Number 813/PID.B/2023/PN.SBY. The research questions are how the indictment for the crime of assault was applied in decision number 813/PID.B/2023/PN.SBY and what are the legal consequences of an inaccurate indictment by the Public Prosecutor in this case, according to KUHAP. This research uses a normative juridical method with a descriptive-analytical approach, relying on secondary data and primary legal materials analyzed qualitatively. The conclusions drawn are that the indictment in Decision Number 813/PID.B/2023/PN.SBY is a cumulative-alternative combination but fails to meet the material requirements of KUHAP. The Public Prosecutor’s negligence in repeating the same article within the indictment reflects a lack of diligence, resulting in a vague indictment that contradicts the principles of criminal procedure law. Such an indictment opens the door for the defense counsel to file an exception, potentially leading to the judge rejecting the indictment and the case being dismissed by law

Komparasi Sistem Pembuktian Hukum Acara Pidana Antara Indonesia Dengan Republik Rakyat Cina

Indonesia regulates its criminal proof system in the Indonesian Criminal Procedure Code, while China governs its proof system under the Criminal Procedure Law of the People's Republic of China. Although both Indonesia and China follow a Civil Law system, there are similarities and differences in their criminal proof systems. This study employs a normative legal research approach with a descriptive-analytical nature, utilizing secondary data analyzed qualitatively and drawing deductive conclusions. The research findings indicate that the similarity between the criminal proof systems of Indonesia and China lies in the presence of proof hearings during the trial process in both countries. The difference is found in the types of evidence admissible in court: Indonesia recognizes five types of evidence, whereas China acknowledges seven types.

Rozważania na temat pozycji prawnej (prawa) świadka pozostającego ze stroną w związku partnerskim

The article aims to present the issue of protecting the rights of a witness who is a partner of a party to the proceedings. The presentation of the legal position of these persons in individual proceedings is based on the analysis of the right to refuse to testify and the right to refuse to answer a question. The key issue is to determine the subjective scope of the above-mentioned rights. Analyzing the provisions of criminal, civil and administrative proceedings, it can be concluded that only the Criminal Procedure Code covers persons living together subjectively. This means that this regulation will not only cover spouses but also persons who are cohabitants. A narrower scope for other procedures may entail procedural and evidentiary problems. The problem also concerns ailments and the method of imposing administrative fines. The article’s purpose is not only to present the problem but also to show a possible solution. Therefore, the postulate de lege ferenda was put forward, showing the potential ways of closing the legal loophole which gives a certain advantage to married persons over those who live only together.

Особенности избрания мер пресечения, действующих без судебного решения, по уголовным делам о преступлениях в сфере предпринимательской деятельности

The article studies provisions of applicable laws, theoretical views and the law enforcement practice and justifies the conclusion about the efficiency of broader application of pre-trial restrictions selected based on court rulings in criminal cases on business crimes. In particular, it is suggested to supplement the Criminal Procedure Code of the Russian Federation with a judicial opportunity to select any pre-trial restrictions allowed by the law in the event of satisfaction of the motion for detention of an accused businessman.

Альтернативные способы возмещения вреда, причиненного лицу незаконной уголовно-процессуальной деятельностью

The article reviews grounds of the legal liability of the state to parties to criminal proceedings for the damage caused to them by illegal criminal procedure activities. The main attention is paid to the damage compensation procedure pursuant to Part 3, Art. 133 of the Criminal Procedure Code of the Russian Federation that is fundamentally different from compensation of damage to an exonerated person under the judicial procedure governed by Art. 399 of the Criminal Procedure Code of the Russian Federation. The author uses judicial cases with identified problems of establishment of grounds for compensation of damage caused by illegal criminal procedure activities, in particular, illegal application of measures of procedural coercion, as a basis to conclude that the traditional civil procedure for compensation of damage caused by illegal criminal proceedings often fails to conform to the reasonable term of judicial proceedings, and not every damage caused to parties to criminal procedure activities by coercive procedural measures can and must be compensated within the framework of the undertaken liability of the state to parties to criminal proceedings.

Keabsahan Dan Kekuatan Hukum Alat Bukti Closed Circuit Television (CCTV) Dalam Pemberlakuan Tilang Elektronik

The application of an electronic ticket or Electronic Traffic Law Enforcement (ETLE) by the police is considered to have many problems and challenges for the police in the future, with reference to closed circuit television (CCTV) evidence that causes the gap in the use of CCTV (Closed Circuit Television) evidence in the criminal justice process, the first is the legal factor itself where the use of CCTV is not included in legal evidence in the Criminal Procedure Code, the two different perspectives which will result in different thoughts that will be accepted by someone, the three norms which becomes legalistic positivistic is not clear in certain cases. Legal basis for prosecution of traffic violations. According to Law Nomor 2 of 2009 concerning Traffic And Road Transportation, article 260 and article 262 who are authorized to take action against traffic violations using CCTV can carry out law enforcement such as investigations and investigations of criminal acts of LLAJ or other crimes, acts of handling of accidents, violations, and traffic jams by the Police and the pursuit, ambush, arrest, and prosecution of perpetrators and/or vehicles involved in crimes or traffic violations. The formulation of the legal problem contains points regarding the juridical review and application of the validity of ETLE as evidence in the trial. This research is a legal research with a normative juridical approach with a statutory and case approach, especially the decision of ticketing for traffic violations. The results of the research and discussion conclude that the use of CCTV (Closed Circuit Television) evidence can be used as evidence in the criminal justice process and the application of the e-Tilang system can reduce the number of traffic accidents.

Pelanggaran Prinsip Miranda Rule pada Proses Penyidikan Perkara Pidana di Indonesia (Tinjauan Kasus Pengamen Cipulir Jakarta Selatan 2013)

The criminal justice system in Indonesia is plagued by various types of crimes, including official indifference, abuse of authority by officers, and human rights violations related to people's civil rights. The rights of suspects, which are fundamental human rights and are ingrained in them, are often ignored in the Indonesian criminal justice system, to the detriment of suspects. The case that attracted attention was an incident that occurred in 2013 in Cipulir, South Jakarta, where several buskers were accused of committing the crime of murder. This case surfaced after reports that detained buskers were not given their basic rights during the investigation process, which could be linked to a violation of Miranda Rule principles. This research aims to find out how the Miranda Rule principles guarantee the rights of suspects in the criminal justice system in Indonesia. The method used in this research is a normative method, using the concept of a statutory approach. The purpose of the results of this research is to understand that the Miranda Principle or known as Miranda rights is what happens when someone gives a warning to someone who is in danger. Namely the right to obtain/contact legal advisors/advocates. If unable, then given the opportunity to provide legal advice/advocate. The right to obtain legal assistance has been included in Articles 54, 55 and 114 of the Criminal Procedure Code. If he is unable to do so, the suspect has the right to be provided with legal advice by the relevant official or through an investigator, as regulated in article 56 paragraph 1 of the Criminal Procedure Code. As for Miranda Warning (Right To Remain Silent), it is not regulated explicitly, but its application can be interpreted implicitly in articles 52, 117 and 166 of the Criminal Procedure Code.

“Defendendo a paz social”: entre a naturalização e o racismo em decisões de decretação de prisão preventiva.

This study aimed to analyze the arguments mobilized by judges to justify the issuance of preventive detention orders and to observe the existence of a relationship between these arguments and class and race factors. The methodology used was the documentary analysis of interlocutory decisions converting flagrant arrests into preventive detentions, referring to charges of theft and robbery that occurred between 2015 and 2018 in the metropolitan region of Salvador, Brazil. A total of 322 interlocutory decisions to decree preventive detention were analyzed, retrieved from the case files of Salvador Prison/BA, a unit for temporary detainees. At the end of the research, it was concluded that, among the justifications in force in Article 312 of the Code of Criminal Procedure, 100% of the decisions analyzed were based on the category of guaranteeing public order, understood as social harmony offended by the dangerousness of the prisoner. This dangerousness is expressed by the concepts of criminal recidivism and modus operandi. It was also concluded that these arguments reproduce class and race stereotypes, since they use mechanisms to naturalize the group most affected by the net of the criminal justice system (young black men), depriving them of the enjoyment of citizenship and protection of fundamental rights.

LAW ENFORCEMENT OF DIGITAL ASSET CONFISCATION IN MONEY LAUNDERING CRIMES

Money laundering is a serious crime that harms the interests of society, causes economic instability in a country, and is more dangerous than corruption because tracking the flow of money from money laundering will be more difficult. Due to this complexity, asset forfeiture becomes crucial because the approach method used is known as "follow the money." This research reviews asset forfeiture in money laundering from a law enforcement perspective. This research is normative or doctrinal, also known as dogmatic research with a conceptual and legislative approach. The findings indicate that, although asset forfeiture has been regulated through criminal prevention actions based on the Criminal Code and the Criminal Procedure Code, as well as civil and administrative actions based on the Anti-Money Laundering Act, there are still shortcomings in regulations that allow criminals to hide their illegal gains. It has not achieved justice and harms both the country and the victims of money laundering. From a law enforcement perspective rooted in the principle that crime should not benefit the perpetrator, it is crucial to broaden the scope of asset seizure regulations. It includes revising existing regulations in the Anti-Money Laundering Act to include civil or in rem seizures and expanding this scope through legislation that not only regulates assets in financial service accounts but also all assets related to criminal activities. Strengthening protection for innocent third parties is necessary to ensure justice for society and the country.

PENGATURAN PEMBUKTIAN TERBALIK TERBALIK DALAM UNDANG-UNDANG KORUPSI

The criminal act of corruption not only harms state finances, but also constitutes a violation of the social and economic rights of society at large, so that the criminal act of corruption needs to be classified as a crime whose eradication must be carried out in an extraordinary manner, to further guarantee legal certainty, avoid diversity of legal interpretations and providing protection for the social and economic rights of the community, as well as fair treatment in eradicating criminal acts of corruption. The statutory regulations that regulate criminal acts of corruption are Law no. 28 of 1999 concerning the Administration of a State that is Clean and Free from KKN, Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 concerning Eradication of Corruption Crimes, Law no. 30 of 2002 concerning the Corruption Eradication Commission, and finally with the ratification of the United Nations Convention Against Corruption, 2003 (United Nations Convention Against Corruption, 2003) through Law no. 7 of 2006. The theories used to support the preparation of this book are the Theory of the Rule of Law, the Hierarchy Theory of Legal Norms, the Theory of Authority, the Concept of Corruption and Corruption Crimes and the Concept of Reverse Evidence. The approaches used in preparing this book are: statutory approach, conceptual research approach, case approach. Legal Materials use primary legal materials, in the form of secondary law and other legal materials. Primary legal materials include court decisions that have permanent legal force and laws related to corruption. Secondary legal materials are books, unpublished scientific works, journals and newspapers. Other legal materials are internet sites regulating the reverse evidence system in the provisions of Article 12B of Law Number 20 of 2001, Articles 37, 37A and 38B of Law Number 31 of 1999 in conjunction with Law No. 20 of 2001 and the Criminal Procedure Code. is limited or balanced, and uses a negative proof system according to law (negatief wettelijk overtuiging). The Public Prosecutor is still obliged to prove his charges. In the future, it is necessary to carry out an evaluation of the regulation of Corruption Crimes, it is necessary to strictly regulate the substance of the legal system of reverse evidence so that its application can be implemented effectively and is not just a rule contained in the norms.

Особенности применения задержания в условиях военного положения

The article analyzes the provisions of the Federal Law of July 31, 2023 No. 396-FZ “On Amendments to the Code of Criminal Procedure of the Russian Federation” concerning detention under martial law. Using the formal-logical and comparative-legal methods of research, based on the analysis of the norms of the legislation on detention under martial law, proposals are made for its further improvement.

К вопросу о перечне лиц, которые могут быть допущены в качестве законных представителей несовершеннолетних участников уголовного судопроизводства

The list of persons who may be admitted as legal representatives of a minor suspect, accused or a victim, is enshrined in paragraph 12 of article 5 of the Criminal Procedure Code of the Russian Federation and is exhaustive. This norm has been repeatedly subjected to critical analysis, and proposals have been made to expand the list of possible legal representatives enshrined in it. The author analyzes some proposals and concludes that it is necessary to retain the established list, and also proposes measures to improve the work of guardianship and tutelage clerks when they represent minor participants in criminal proceedings.

The Existence of Pretrial Institutions In The Enforcement Of Criminal Law

<p class="TableParagraph"><em>Milestone Born Based on the Constitutional Court Decision: 21/PUU-XII/2014 dated April 28, 2015, the authority of the Pretrial institution has increased by conducting an examination of the Investigator's actions in issuing a letter of determination of suspects, searches, and seizures coupled with the legality or absence of arrest and/or detention, termination of investigation or termination of prosecution upon request for the upholding of law and justice, and requests for compensation or rehabilitation. In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial.</em></p><em>The norms of authority in the Criminal Procedure Code provide limitations/limitations that cannot be deviated by law enforcement, if law enforcement exercises its authority not based on laws and regulations, then law enforcement actions can be categorized as unlawful acts. Based on Article 24C paragraph 1 of the Constitution of the Republic of Indonesia of 1945 (third amendment), the Constitutional Court is a high state institution within the scope of judicial power (judicial) and the authority of the Constitutional Court is one of which is to test the Law against the 1945 Constitution. Suppose a decision that grants the application, has an impact on the invalidity of a norm and does not have binding legal force, then by itself, the decision cannot be separated from the Erga Omnes Principle which has legally binding force on all components of the nation, so all parties must submit and obey the decision ( Syukri Asy'ari, 2013). In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial so that how does pretrial exist in the enforcement of criminal law</em>

Pretrial Determination of Suspects in Corruption Cases: A Critical Analysis of Judge Sarpin Rizaldi's Decision and Its Implications for Combating Corruption in Indonesia

The pretrial decision in the BG case (No. 04/Pid.Prap/2015/PN.Jkt.Sel) represents a pivotal moment in Indonesian legal history, significantly impacting the landscape of pretrial mechanisms and the balance of power in law enforcement. This research delves into the implications of this landmark decision, examining its role in expanding the scope of pretrial authority to include the review of suspect designations, a move that has since been codified through amendments to the Criminal Procedure Code. The study further explores the decision's emphasis on upholding the presumption of innocence, a fundamental human right often overlooked in the pursuit of justice. Additionally, the research scrutinizes the decision's impact on the authority of the Corruption Eradication Commission, highlighting the need for a delicate balance between robust law enforcement and the protection of individual rights. By analyzing legal documents, scholarly literature, and the socio-political context surrounding the case, this research provides a comprehensive understanding of the decision's transformative effect on Indonesia's legal system and its broader implications for the fight against corruption.

Application of measures of procedural coercion in the economic process: certain aspects

The article is devoted to the study of certain aspects of the application of measures of procedural coercion in the economic process. In particular, the study of the effectiveness of the application of certain measures of procedural coercion in the economic process. This topic was chosen for research in view of the illegal behavior of participants in the economic process, which, according to the analysis of court practice, has recently become a mass phenomenon and has diversified into various types. The state of war in Ukraine also affected both the process of consideration of economic disputes and the behavior of the participants in the economic process, in particular of a negative nature, such as failure to appear at a court session without a valid reason, which prolongs the time frame for consideration of the case. For this purpose, it was established that in accordance with Part 3 of Article 42 of the Economic Procedural Code of Ukraine (hereinafter referred to as the Code of Economic Procedure of Ukraine), in the event that a party to the case fails to fulfill its obligations, the court shall apply procedural coercion measures to such a party to the case provided for by the Code of Criminal Procedure [1]. Pursuant to part 1 of Article 132 of the Criminal Procedure Code, measures of procedural coercion are: 1) warning; 2) removal from the courtroom; 3) temporary seizure of evidence for investigation by the court; 4) fine. At the same time, the application of procedural coercion measures to a person does not exempt him from fulfilling his duties. It was determined that in accordance with Part 2 of Article 131 of the Criminal Procedure Code, procedural coercion measures are applied by the court by issuing a resolution. At the same time, paragraph 16 of part 1 of article 255 of the Criminal Procedure Code establishes that decisions of the court of first instance on the collection of a fine in the procedure of procedural coercion may be challenged in the appeal procedure [1]. Also, the court itself can cancel the decision on the collection of a fine issued by it in accordance with the sixth part of Article 135 of the Criminal Procedure Code, if the person in respect of whom it was issued corrected the committed violation and (or) provided evidence of the validity of the reasons for not fulfilling the relevant requirements of the court or his procedural duties. Based on the results of the analysis of the norms of economic procedural legislation and court practice, the need to make changes to the norms defining the procedure for applying measures of procedural coercion in the economic process is substantiated.

Legal Protection for Suspects in the Investigation Process of Terrorism Criminal Acts in Order to Fulfill Human Rights n the Region of the Riau Islands Police

The background of this study is the high number of terrorism cases in Indonesia that require strict law enforcement measures but must still respect human rights. Legal protection for suspects in the investigation process is crucial to ensure a fair legal process and in accordance with human rights standards regulated in various laws and regulations, including the Criminal Procedure Code, Law No. 5 of 2018, the 1945 Constitution, and Law No. 39 of 1999.The purpose of this study is to analyze the implementation of legal protection for suspects of terrorism crimes in the Riau Islands Police area, identify obstacles faced in implementing this protection, and formulate solutions to overcome these obstacles. The research method used is the empirical legal method, with a qualitative approach involving data collection through interviews, observations, and document studies.The results of the study indicate that the implementation of legal protection for suspects in the Riau Islands Police area is still less than optimal. The main obstacles identified include abuse of authority by law enforcement officers, lack of resources and capacity, and social stigma and discrimination against suspects. Abuse of authority often occurs in the form of unprocedural arrests and detentions, while limited resources result in a lack of adequate equipment and training for officers. Social stigma worsens the situation by hindering fair and humane legal protection. Based on the results of the study, it is recommended that supervision and accountability for the actions of law enforcement officers be strengthened, training and capacity building for officers be carried out continuously, and anti-stigma education and campaigns be carried out for the community. These steps are expected to increase the effectiveness of human rights protection for suspects, so that the process of investigating terrorism crimes can be carried out more fairly and in accordance with the principles of law and justice.