CD Skripsi
Analisis Yuridis Perbuatan Main Hakim Sendiri Pada Pelaku Yang Diduga Melakukan Tindak Pidana Dikaitkan Dengan Asas Praduga Tidak Bersalah
ABSTRACT
Vigilante (Eingenrechting) which means taking the rights without the use of the
tools of government power, vigilante action almost always runs parallel to
violations of the rights of others, and is therefore not allowed. In the criminal
procedure law which regulates the presumption of innocence, this principle
explains that a person is considered innocent before a court decision has
permanent legal force. So the existence of vigilante violations against the
presumption of innocence. Then the act of vigilante (eigenrechting) itself has not
been specifically regulated and clearly stated in Indonesian legislation. This study
aims to first find out how the criminal provisions against vigilante acts, second to
find out how to apply the presumption of innocence principle to several vigilante
cases in Indonesia.
This type of research is normative legal research, where this research is
conducted by examining the principle of the presumption of innocence contained
in the Criminal Procedure Code which is associated with vigilante action. This
research uses descriptive research, because the author intends to provide a clear
and detailed description of the provisions of the criminal act of playing rights
alone and the application of the presumption of innocence to the perpetrator who
is suspected of committing a criminal act.
The results of this study can be concluded that the application of the
presumption of innocence is still lacking in society and law enforcers because
there are no specific regulations regarding vigilante actions that can threaten
vigilante perpetrators and the presumption of innocence has not been well and
thoroughly socialized. . If you look at the existing cases as well as several judges'
decisions or jurisprudence, if there is an act of vigilantism, the provisions of the
Criminal Code used to threaten vigilante perpetrators are used Article 170 of the
Criminal Code regarding beatings and article 351. Criminal Code regarding
persecution.
Keywords: vigilante, presumption of innocence, perpetrators of
criminal acts
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