Juridical and Sociological Implications of Wrong Arrest (Wrong Procedure) Against the Defendant in the Criminal Justice System Linked to the Rights of Citizens and the Protection of Human Rights

Abstract

The legal protection given to the accused is an indication of wrongful arrest is treated the same as the other defendants that is given their rights under the Criminal Procedure Code. This was done because it prioritized legal certainty, namely by the existence of an innocent verdict from the court, the decision could be used as the basis for the right to file compensation claims. Legal protection related to the defendant's rights has been regulated in international conventions and legislation, but its implementation needs to be emphasized, so that investigators in carrying out their duties are more professional.

Judicially, and sociologically, for citizens who have experienced wrongful arrests (wrong procedures) their rights will still be protected, as stipulated in the ICCPR (International Convenant on Civil and Political Rights), in which case Indonesia has ratified and has been regulated in Criminal Procedure Code, and strengthened by subsequent legislation.

Keywords: Legal Protection, Implementation of Law Enforcement, Human Rights

DOI: 10.7176/JLPG/90-12

Publication date:October 31^st 2019