KEBIJAKAN KRIMINALISASI TERHADAP APARAT PENEGAK HUKUM YANG TIDAK MENERAPKAN ASAS PRADUGA TAK BERSALAH DALAM SISTEM PERADILAN PIDANA

Abstract

Code of Criminal Procedure Code Law Act 8 of 1981 on the Code of Criminal
Procedure Code, is actually one of the formal rules for the law officers to give suspects rights
as civilized human beings in dealing with criminal law. However, the data shows that the
occurrence of violations of the presumption of innocence during the process of finding evidence
is a very high case as the top of the iceberg. Therefore, as an effort to overcome violence and
violations of the presumption of innocence in the investigation process and the importance of
creating a paradigm new law, in order to change the public's perspective on the lack of trust
in law enforcement officers. When a suspect is determined, it is necessary to carry out the idea
of a criminal sanction law as regulated in Article 18 of Law Act 9 of 1999 on the Press to
present a law that is more appropriate in responding to modernization needs.
This research is normative legal research supported by secondary data, carried out by
making library materials the main focus. Also called doctrinal legal research, namely legal
research that uses data based on library research by taking quotes from reading books, or
supporting books that have something to do with the problem to be studied. Thus, this study
uses secondary data sources consisting of primary, secondary, and tertiary legal materials.
This study also uses qualitative data analysis and produces descriptive data.
From the results of the discussion and research conducted, there are several
conclusions obtained, namely: First, the imposition of sanctions on law enforcement officers
who do not apply the principle of the presumption of innocence is not regulated at all in the
Indonesian positive legal system, only regulated by the application of the principle of
presumption of innocence in Indonesia. Law Number 48 of 2008 concerning Judicial Power,
so that cases of violation of the rights of suspects in the fact-finding process become normal
for the apparatus. Second, the increase in criminal sanctions in the form of imprisonment and
fines is an idea that is formulated by taking into account the views of life, awareness and legal
ideals, as well as the philosophy of the Indonesian nation originating from Pancasila and the
Preamble to the 1945 Constitution of the Republic of Indonesia.

Keywords: Ideas – Criminal Sanctions – Presumption of Innocent