PERTANGGUNGJAWABAN HUKUM PENYIDK DAN PERLINDUNGAN KORBAN
SALAH TANGKAP DALAM PROSES PENYIDIKAN
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Institusion
Universitas Atma Jaya Yogyakarta
Author
Pasaribu, Roma Doly Hasiholan
Subject
Peradilan dan Penyelesaian Sengketa Hukum
Datestamp
2013-05-06 13:19:15
Abstract :
Criminal Procedure Code is a realization of the principle of state laws that govern the provision about how the criminal process, in criminal proceedings is the error in persona. This paper uses normative research method that focuses on the norm of positive law. At the level of investigation did not rule out the occurrence of an error in persona action by the investigators, this is due to a lack of thoroughness of the invertigators in examining the crime and lack of knowledge of the principle of presumption of innoncent and investigators in meeting the requirements of the arrest warrant. Legal consequences for the investigator who proved false arrest sanction of written warning, suspension of the program, delaying salary increases, promotions delayed, transfer, release position, placement in a special place. Victim is also entitled to file a claim for compensation and rehabilitation. Suggestions for investigators must better understand the fundamental rights of suspects, should be more careful in writing the full data of the suspect and the more stringent oversight in the supervision of the investigator conducting the investigation.
Criminal Procedure Code is a realization of the principle of state laws that govern the provision about how the criminal process, in criminal proceedings is the error in persona. This paper uses normative research method that focuses on the norm of positive law. At the level of investigation did not rule out the occurrence of an error in persona action by the investigators, this is due to a lack of thoroughness of the invertigators in examining the crime and lack of knowledge of the principle of presumption of innoncent and investigators in meeting the requirements of the arrest warrant. Legal consequences for the investigator who proved false arrest sanction of written warning, suspension of the program, delaying salary increases, promotions delayed, transfer, release position, placement in a special place. Victim is also entitled to file a claim for compensation and rehabilitation. Suggestions for investigators must better understand the fundamental rights of suspects, should be more careful in writing the full data of the suspect and the more stringent oversight in the supervision of the investigator conducting the investigation.
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