Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia

Research Article

Criminal Liability of Investigators on Wrongful Accusations during Investigations

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  • @INPROCEEDINGS{10.4108/eai.29-6-2021.2312603,
        author={Dadi  Purba and Ediwarman  Ediwarman and Madiasa  Ablisar},
        title={Criminal Liability of Investigators on Wrongful Accusations during Investigations},
        proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICOLEG},
        year={2021},
        month={10},
        keywords={criminal liability of investigators determination of suspects procedural errors},
        doi={10.4108/eai.29-6-2021.2312603}
    }
    
  • Dadi Purba
    Ediwarman Ediwarman
    Madiasa Ablisar
    Year: 2021
    Criminal Liability of Investigators on Wrongful Accusations during Investigations
    ICOLEG
    EAI
    DOI: 10.4108/eai.29-6-2021.2312603
Dadi Purba1,*, Ediwarman Ediwarman1, Madiasa Ablisar1
  • 1: Universitas Sumatera Utara
*Contact email: dadipurba88@students.usu.ac.id

Abstract

Having the authority to designate a person as a suspect, investigators can potentially be subject to criminal charges if the designation is not following existing procedures. This results in the deviation of the original investigation objective. This study aims to find out how the criminal liability of investigators who make mistakes in determining suspects and other aspects related to the responsibility of investigators. The accountability of investigators that wrongfully determine a suspect is rarely challenged for various reasons, one of them being on duty. In this case, the investigator's actions are in the context of carrying out their duties only to be subject to the police code of ethics. The problems analyzed in this paper are the criminal liability of investigators who wrongfully determine suspects during the investigation process and efforts to eliminate further occurrences. This is normative juridical research using the descriptive analysis method, analyzing the application of criminal law through the criminal liability of investigators who commit procedural errors in using force during the investigation process. The results show that investigators who were wrongfully determining suspects can be held accountable if their actions are classified as criminal acts. Procedural errors committed by investigators can be eliminated by increasing the professionalism and quality of human resources and reforming regulations.