Hukum Pidana Sistem Peradilan Pidana

PELAKSANAAN HAK ASASI MANUSIA DALAM SISTEM PERADILAN PIDANA DI INDONESIA

Abstract

This research aims to find out about (1) How Human Rights are regulated in Indonesian laws and regulations and (2) What are the forms of Protection and Implementation of Human Rights in the Criminal Justice System according to Law Number 8 of 1981. To answer this problem, researchers use normative research methods; comprehensive analytical study of primary legal materials and secondary legal materials. The research results show that the basis for regulating human rights has been formulated in the Criminal Procedure Code. Law Number 8 of 1981 has introduced reforms in regulating human rights as regulated in the articles on the rights of suspects/defendants and also regulates the principles that support human rights such as the presumption of innocence, and also implies a legal principle that very fundamental, namely the principle of Equal Status in the Law or known as Equality Before the Law. Theoretically, since the stages of investigation, prosecution and examination before a court hearing, it has guaranteed and provided protection for human rights. The implementation of human rights in the criminal justice system has generally been implemented in the process of investigation, prosecution and examination before a court hearing. However, there are still violations committed by individual law enforcement officers of a personal nature