Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia

Research Article

Legal Implications of The Application of The Principle of The Prejudiction Of Incurityin Criminal Action Investigation

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  • @INPROCEEDINGS{10.4108/eai.16-4-2022.2320046,
        author={Sutejo  Sutejo and Darwati  Darwati},
        title={Legal Implications of The Application of The Principle of The Prejudiction Of Incurityin Criminal Action Investigation},
        proceedings={Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2022},
        month={8},
        keywords={application of the presumption of guilt in investigation},
        doi={10.4108/eai.16-4-2022.2320046}
    }
    
  • Sutejo Sutejo
    Darwati Darwati
    Year: 2022
    Legal Implications of The Application of The Principle of The Prejudiction Of Incurityin Criminal Action Investigation
    ICLSSEE
    EAI
    DOI: 10.4108/eai.16-4-2022.2320046
Sutejo Sutejo1,*, Darwati Darwati1
  • 1: Universitas Borobudur, Jakarta, Indonesia
*Contact email: kompolsutejo.sh@gmail.com

Abstract

The diversity of criminal acts in the form of violations and crimes in Indonesia, this has implications for the implementation of the main tasks and functions of the police, especially with regard to the authority of POLRI Investigators which are regulated by Law Number 2 of 2002 concerning the Indonesian National Police and Law Number 8 of 1981 concerning KUHAP. The research aims to investigate the legal implications of violating the application of the presumption of innocence in an investigation conducted by an investigator against the perpetrator of a crime. The research method carried out in a socio legal approach. The implementation of the criminal justice system can be interpreted as all stages of examining criminal cases to uncover criminal acts that occurred and take legal action against the perpetrators. In the concept of the criminal justice system, there are several law enforcement institutions that take part in carrying out the criminal justice process including the Police, Prosecutors, Courts and Corrections. Each institution is responsible and works according to its duties and obligations. Law enforcement is the process of making efforts to enforce or actually function legal norms as a guide for actors in traffic or legal relations in social and state life. Meanwhile, substantially the laws and regulations have regulated the authority in law enforcement, against parties who are made suspects or defendants related to the existence of a criminal act.