PELAKSANAAN ASAS PRADUGA TAK BERSALAH DALAM PENYIDIKAN TINDAK PIDANA
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Institusion
Universitas Atma Jaya Yogyakarta
Author
HANGGARA, MARTINUS TRI
Subject
Peradilan dan Penyelesaian Sengketa Hukum
Datestamp
2013-05-06 13:07:07
Abstract :
Republic of Indonesia is a State law which is based on Pancasila and the Constitution of 1945. The state also uphold human rights and ensure equality of citizens before the law and the goverment must uphold the rule of law and without exception. The probe is one of the police authority in the enforcement of criminal law. These things will go better if in the implementation based on the principle of Presumption of Innocence. The purpose of this legal writing is to know the implementation of the Principle of Presumption of Innocence in the Criminal Investigation Process and to determine the factors that hinder the implementation of the principle of presumption of innocence in the process of investigation. In writing this law using the methods of empirical legal research, which this study focuses on the behavior of the legal community. The research was carried directly to the main respondent as the data is backed up by secondary data consisting of primary materials and secondary materials. The results of this law is that in practice the principle of presumption of innocence has not been completely worked well, due to the persistence of acts of violence by police against suspects. in practice also encountered obstacles among others came from within the police institution is the arrogance of the police action, while the outer barrier of the attitude of the police force suspects or witnesses are uncooperative and unwilling to give correct information, of legislation doesn?t provide a clear arrangement and strict sanctions.
Republic of Indonesia is a State law which is based on Pancasila and the Constitution of 1945. The state also uphold human rights and ensure equality of citizens before the law and the goverment must uphold the rule of law and without exception. The probe is one of the police authority in the enforcement of criminal law. These things will go better if in the implementation based on the principle of Presumption of Innocence. The purpose of this legal writing is to know the implementation of the Principle of Presumption of Innocence in the Criminal Investigation Process and to determine the factors that hinder the implementation of the principle of presumption of innocence in the process of investigation. In writing this law using the methods of empirical legal research, which this study focuses on the behavior of the legal community. The research was carried directly to the main respondent as the data is backed up by secondary data consisting of primary materials and secondary materials. The results of this law is that in practice the principle of presumption of innocence has not been completely worked well, due to the persistence of acts of violence by police against suspects. in practice also encountered obstacles among others came from within the police institution is the arrogance of the police action, while the outer barrier of the attitude of the police force suspects or witnesses are uncooperative and unwilling to give correct information, of legislation doesn?t provide a clear arrangement and strict sanctions.
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