CD Tesis
Tinjauan Hukum Terhadap Penentuan Ganti Rugi Bagi Korban Salah Tangkap (Eror In Persona) Oleh Kepolisian
Criminal justice system is a term that shows the mechanism of work in crime
prevention using a basic system approach. Criminal offenders will certainly be
arrested and detained in accordance with the procedures set out in the law. The
arrest is carried out accompanied by an arrest order shown to the defendant,
which is generally in the form of an arrest warrant. However, there are times
when the police make mistakes in the criminal justice system which are then
known as wrongful arrests. The act of wrongful arrest harms the victim, both
materially and immaterially. The victim of a wrongful arrest is termed an error in
person, which means that there is a mistake in the arrest even though the person
has explained that he is not the one in question. Wrongful arrest is something that
can happen to everyone, but the problem in the case of wrongful arrest is the
consequences that occur for the mistakes that occur. The purpose of this thesis
research is to find out the implementation of compensation that can be given to
victims of wrongful arrest and to find out the form of responsibility for police
officers who make wrongful arrests.
In this paper, the type of research method used is normative legal research,
namely research conducted by conducting an assessment of the legislation that
applies and is applied to a particular legal problem. The data collection
technique used in this research is using library research techniques. the analysis
used by researchers is qualitative analysis which is a research procedure that
produces descriptive data, by describing and explaining the entire legal material
obtained from the literature clearly which is then analyzed to solve the problem
being studied.
The research results of this thesis are; 1) Provisions regarding the procedure
for payment of compensation as referred to in Article 11 paragraph (3) of the PP
on compensation, are further regulated through implementing regulations, namely
the Decree of the Minister of Finance Number 983 / KMK.01 / 1983 concerning
Procedures for Payment of Compensation, which is no longer relevant in the
current era. 2) The responsibility of Police Investigators who conduct wrongful
arrest investigations can be qualified as having violated the Regulation of the
Chief of the Indonesian National Police Number 14 of 2011 concerning the Code
of Ethics of the Police Profession and can be subject to professional sanctions.
Keyword: Investigator Responsibility, Compensation, Victims of Wrongful
Conviction
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