PERLINDUNGAN HAK TERSANGKA DALAM PROSES PEMERIKSAAN DI
TINGKAT KEPOLISIAN
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Institusion
Universitas Atma Jaya Yogyakarta
Author
Simbolon, Jefri Parnanda Andreas
Subject
Peradilan dan Penyelesaian Sengketa Hukum
Datestamp
2013-05-06 13:30:19
Abstract :
The type of this research described by the author is the protection of rights of the accused in investigation process in level of police. The content of the problem formulation is how the protection of rights of the accused regulated in the Act Number 8 of 1981 on Criminal Code and what efforts can be conducted by the accused and his family. The purpose of this research was to give comprehension on the protection of the rights of accused during the process of investigation conducted by police and what efforts can be conducted to prevent the violation of rights of accused. The type of research conducted in minithesis writing was normative legal research, wherein the type of normative research is focused on secondary data. The result of research or conclusion can be gained is the Act Number 8 of 1981 on Criminal Code has clearly regulated from the process of arresting, incarceration, investigation, judicature up to have the stagnant legal power. The policy has gave the rights of the accused appropriately to those which is regulated in the Criminal Code, however it still can not be given maximally by reason of the limitedness of amount of police personals, in a great number of criminal action entering and the lack of estimation given by Headquarter of Police of Republic of Indonesia to every County Police. The effort can be conducted by the accused and his family to have securely the rights of accused protected is by the legal assistance of advocate. In the matter of violation towards the rights of accused, thus the accused and his family can submit pre-judicature through the assistance of advocate. The suggestion of the author in this minithesis is the necessity to improve education and knowledge of the police on law, the addition of personal amount of police and easier access to gain advocate.
The type of this research described by the author is the protection of rights of the accused in investigation process in level of police. The content of the problem formulation is how the protection of rights of the accused regulated in the Act Number 8 of 1981 on Criminal Code and what efforts can be conducted by the accused and his family. The purpose of this research was to give comprehension on the protection of the rights of accused during the process of investigation conducted by police and what efforts can be conducted to prevent the violation of rights of accused. The type of research conducted in minithesis writing was normative legal research, wherein the type of normative research is focused on secondary data. The result of research or conclusion can be gained is the Act Number 8 of 1981 on Criminal Code has clearly regulated from the process of arresting, incarceration, investigation, judicature up to have the stagnant legal power. The policy has gave the rights of the accused appropriately to those which is regulated in the Criminal Code, however it still can not be given maximally by reason of the limitedness of amount of police personals, in a great number of criminal action entering and the lack of estimation given by Headquarter of Police of Republic of Indonesia to every County Police. The effort can be conducted by the accused and his family to have securely the rights of accused protected is by the legal assistance of advocate. In the matter of violation towards the rights of accused, thus the accused and his family can submit pre-judicature through the assistance of advocate. The suggestion of the author in this minithesis is the necessity to improve education and knowledge of the police on law, the addition of personal amount of police and easier access to gain advocate.
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