CD Skripsi

Pertanggung Jawaban Hukum Penyidik Kepolisian Republik Indonesia Akibat Terjadinya Salah Tangkap Di Sistem Peradilan Pidana Indonesia

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ABSTRACT
One of the problems that occur in the Criminal Justice System is the
violation of rights at one or all levels of examination or investigation. An
investigation is a series of actions by an investigator in terms of and according to
the method regulated in this Law to seek and collect evidence which with that
evidence makes clear about the crime that occurred and to find the suspect (Pasal
1 Butir 2 KUHAP). The purpose of writing this thesis, namely; First, to find out
what are the legal responsibilities of police investigators to victims of wrongful
arrests in the Indonesian criminal justice system, Second, to find out what legal
remedies can be taken by victims of wrongful arrests based on the applicable
positive law.
This research is a kind of normative research. Normative research is also
called library research, this research is conducted aimed only at written
legislation or other legal materials. This research was conducted on legal
principles starting from certain areas of the legal system, by first identifying the
legal rules that have been formulated in certain legislation.
The results of the study show how the responsibility of the National Police
Investigator in the event of a wrongful arrest while carrying out their duties and
legal remedies that the suspect can take in the event of a wrongful arrest by the
Police Investigator. First, the forms of accountability of Polri investigators to
victims of wrongful arrests are a) immaterial responsibilities, namely, Polri
investigators directly apologize to victims of wrongful arrests, both verbally and
in writing; b) material responsibility, namely providing re-guidance to
investigators who violate the code of ethics, furthermore, legal remedies that can
be taken if there is a wrongful arrest, namely according to Pasal 1 Ayat 22
KUHAP, compensation. The legal basis for the claim for compensation is Pasal
77 Poin b KUHAP, then rehabilitation in accordance with Pasal 1 Ayat10
KUHAP in poin c. From this research, it can be concluded that the form of
responsibility carried out by Polri investigators is divided into 2, namely material
responsibility, namely regarding sanctions for apology statements and immaterial
responsibility, namely regarding sanctions in the form of retraining obligations in
Polri educational institutions. Meanwhile, legal remedies that can be taken by
victims of wrongful arrests are by making demands for compensation and
rehabilitation.
Keywords: Responsibilities of Investigators - Legal Efforts – Compensation -
Rehabilitatio

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0163)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2021

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0163)

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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