CD Skripsi

Tinjauan Yuridis Terhadap Terjadinya Penembakan Pada Tahap Pemeriksaan Kasus Tindak Pidana Terorisme Dikaitkan Dengan Asas Praduga Tidak Bersalah

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ABSTRACT
The principle of the presumption of innocence in the criminal procedure
law in effect in our country contains two purposes. First, to provide protection
and guarantees for a human being who has been accused of committing a
criminal act during the case examination process so that his human rights are not
raped. Second, to provide guidelines for officers to limit their actions in carrying
out an examination because it is a human being who has the same dignity and
dignity as the person conducting the examination. Thus, the principle of the
presumption of innocence is closely related to the criminal justice process, namely
a process in which a person becomes a suspect by being subject to arrest until a
judge's verdict states his guilt.
This type of research is normative juridical research. In this research, the
researcher discusses legal principles, namely the principle of the Presumption of
Innocence, which is the principle in which a person is considered innocent until a
court decision finds him guilty.
The conclusions that can be obtained from the results of the research are
first, actions taken by the police against the occurrence of shootings at the stage
of investigating cases of criminal acts of terrorism according to the regulation of
the National Police Chief and Police Chief, which is the Chief of Police
Regulation Number 8 of 2009 concerning the Implementation of Human Rights
Principles and Standards in Carrying Out Police Duties. The Republic of
Indonesia states that the use of firearms can only be used to protect human life.
Then this contradicts the Standard operational procedure (SOP) for the use of
firearms issued by the Police Criminal Investigation Unit. Second, the Legal
Impact on Shootings at the Investigation Stage of Criminal Acts of Terrorism
Linked to the Presumption of Innocence, namely the extrajudicial killing
committed by Densus 88 against suspected criminal acts of terrorism is arbitrary
because it was carried out without a legal process. it means the suspect is not
necessarily guilty. Because the right to declare someone guilty is only a court with
a decision through a valid legal process. The act was also carried out not in a
state of forced defense, even though the suspect also has the right not to be
deprived of his liberty, except in very special cases. Meanwhile, extrajudicial
killings are carried out not in a state of forced defense and there are also no laws
and regulations that justify extrajudicial killings even though these acts are
committed against suspected criminal acts of terrorism, which are included as
extraordinary crimes.
Keywords: Crime, Terrorism, Presumption of Innocence, Police.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1609114266

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1609114266

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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