Image of Pembunuhan Di Luar Putusan Pengadilan (Extra Judicial Killing) Yang Dilakukan Oleh Kepolisian Terhadap Enam Orang Anggota Fpi Ditinjau Dari Hak Asasi Manusia Dan Asas Praduga Tidak Bersalah (Presumption Of Innocence)
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Pembunuhan Di Luar Putusan Pengadilan (Extra Judicial Killing) Yang Dilakukan Oleh Kepolisian Terhadap Enam Orang Anggota Fpi Ditinjau Dari Hak Asasi Manusia Dan Asas Praduga Tidak Bersalah (Presumption Of Innocence)

ABSTRACT
A few days ago there was a case of shooting by the police against 6
Indonesian citizens who happened to be members of the Islamic Defenders Front
(FPI) which caused the death of these 6 people, this is of course a public concern
and a debate over whether the shooting by the Police had been carried out.
according to the law? Or it is extra judicial killing. Actions committed by the
Police against six FPI members can be categorized as extra judicial killing or
extrajudicial killings. Such acts are strictly prohibited by the provisions of
international human rights law as well as national legislation. Extra judicial
killing is a violation of a person's right to life. The right to life of every person is
guaranteed by the 1945 Constitution, which "everyone has the right to defend his
life and life" and is a human right that cannot be reduced regardless of the
circumstances (non-derogable rights).
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, the analysis of the actions taken by the Police on six FPI members
according to the Chief of Police Regulation and the Police SOP, which is contrary
to the Chief of Police Regulation No. 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 Criminal Investigation Unit
of the National Police which states that "If the warning is not heeded and the
situation is very dangerous to the Police officers / the community, shooting is
directed at the non-lethal part of the body (to immobilize the attack). opponent)".
Second, the ideal form in resolving cases of extra judicial killings by the police
against six FPI members when viewed from human rights and the presumption of
innocence, namely the settlement of cases of extra judicial killing. when an arrest
is made by the police, the act must be equated with killing in which the act fulfills
the elements of a criminal act, namely it is committed deliberately, is prohibited
and is threatened with article 338 of the Criminal Code so that the act ensnares
the act of a person who acts outside the statutory regulations. invitation.
Keywords: Extra Judicial Killing, Presumption Of Innocence, Police, Human
Rights.

Ketersediaan
#
Perpustakaan Universitas Riau 09 04. 121 (0139)
09 04. 121 (0139)
Tersedia
Informasi Detail
Judul Seri
-
No. Panggil
09 04. 121 (0139)
Penerbit
Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA.,
Deskripsi Fisik
xii, 29 hlm.; ill.: 29 cm
Bahasa
Indonesia
ISBN/ISSN
-
Klasifikasi
09 04. 121 (0139)
Tipe Isi
-
Tipe Media
-
Tipe Pembawa
-
Edisi
-
Subjek
HUKUM PIDANA
Info Detail Spesifik
-
Pernyataan Tanggungjawab
Versi lain/terkait

Tidak tersedia versi lain

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