Proceedings of the 2nd Multidisciplinary International Conference, MIC 2022, 12 November 2022, Semarang, Central Java, Indonesia

Research Article

Legal Protection Against the Defendants Who Are Not Guaranteed in Criminal Action Jurisdictions

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  • @INPROCEEDINGS{10.4108/eai.12-11-2022.2327362,
        author={Sudjanto  Sudiana and Megawati  Barthos},
        title={Legal Protection Against the Defendants Who Are Not Guaranteed in Criminal Action Jurisdictions},
        proceedings={Proceedings of the 2nd Multidisciplinary International Conference, MIC 2022, 12 November 2022, Semarang, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2023},
        month={2},
        keywords={legal protection; against the defendant},
        doi={10.4108/eai.12-11-2022.2327362}
    }
    
  • Sudjanto Sudiana
    Megawati Barthos
    Year: 2023
    Legal Protection Against the Defendants Who Are Not Guaranteed in Criminal Action Jurisdictions
    MIC
    EAI
    DOI: 10.4108/eai.12-11-2022.2327362
Sudjanto Sudiana1,*, Megawati Barthos1
  • 1: Universitas Borobudur, Indonesia
*Contact email: sudjantosudiana@gmail.com

Abstract

Genuine protection and respect for fundamental opportunities are responsibilities of the state in the existence of society and the state. In policing as a matter of fact there is carelessness against policing the execution of the phases of the law enforcement framework process. The occurrence of wrongful behavior by law enforcement against community members, sometimes it is proven that the person concerned in the judicial process is declared innocent. Using the presumption of innocence as a legal safeguard for human dignity is an obligation that law enforcement personnel must fulfill at all stages of the criminal justice system, including the investigation, prosecution, and judicial process. The type of responsibility for lawful security incorporates the arrangement of remuneration and restoration to suspects who are demonstrated honest, in particular the state orders Unofficial law Number 92 of 2015 concerning the Second Revision to Unofficial law Number 27 of 1983 concerning Execution of the Criminal Methodology Code concerning the Execution of the Criminal Technique Code connected with legitimate cures in regards to pay and recovery. It has not yet been determined whether providing compensation and temporary rehabilitation will provide the defendant who has been found not guilty with the legal certainty they deserve.