CD Skripsi
Kebijakan Kriminalisasi Terhadap Aparat Penegak Hukum Yang Tidak Menerapkan Asas Praduga Tak Bersalah Dalam Sistem Peradilan Pidana
ABSTRACT
Code of Criminal Procedure Code Law Act 8 of 1981 on the Code of Criminal Procedure Code, is actually one of the formal rules for the law officers to give suspects rights as civilized human beings in dealing with criminal law. However, the data shows that the occurrence of violations of the presumption of innocence during the process of finding evidence is a very high case as the top of the iceberg. Therefore, as an effort to overcome violence and violations of the presumption of innocence in the investigation process and the importance of creating a paradigm new law, in order to change the public's perspective on the lack of trust in law enforcement officers. When a suspect is determined, it is necessary to carry out the idea of a criminal sanction law as regulated in Article 18 of Law Act 9 of 1999 on the Press to present a law that is more appropriate in responding to modernization needs. The purpose of this research is to determine the regulation and application of criminal sanctions against law enforcement officers who violate the presumption of innocence, as well as to form legal ideas for appropriate sanctions for violations of the presumption of innocence.
This research is normative legal research supported by secondary data, carried out by making library materials the main focus. Also called doctrinal legal research, namely legal research that uses data based on library research by taking quotes from reading books, or supporting books that have something to do with the problem to be studied. Thus, this study uses secondary data sources consisting of primary, secondary, and tertiary legal materials. This study also uses qualitative data analysis and produces descriptive data.
From the results of the discussion and research conducted, there are several conclusions obtained, namely: First, the imposition of sanctions on law enforcement officers who do not apply the principle of the presumption of innocence is not regulated at all in the Indonesian positive legal system, only regulated by the application of the principle of presumption of innocence in Indonesia. Law Number 48 of 2008 concerning Judicial Power, so that cases of violation of the rights of suspects in the fact-finding process become normal for the apparatus. Second, the increase in criminal sanctions in the form of imprisonment and fines is an idea that is formulated by taking into account the views of life, awareness and legal ideals, as well as the philosophy of the Indonesian nation originating from Pancasila and the Preamble to the 1945 Constitution of the Republic of Indonesia.
Keywords: Ideas – Criminal Sanctions – Presumption of Innocent
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