TINJAUAN YURIDIS TERHADAP TERJADINYA PENEMBAKAN PADA TAHAP PEMERIKSAAN KASUS TINDAK PIDANA TERORISME DIKAITKAN DENGAN ASAS PRADUGA TIDAK BERSALAH

Abstract

The principle of the presumption of innocence in the criminal procedure law
in effect in our country contains two purposes. First, to provide protection and
guarantees for a human being who has been accused of committing a criminal act
during the case examination process so that his human rights are not raped.
Second, to provide guidelines for officers to limit their actions in carrying out an
examination because it is a human being who has the same dignity and dignity as
the person conducting the examination.
This type of research is normative juridical research. In this research, the
researcher discusses legal principles, namely the principle of the Presumption of
Innocence, which is the principle in which a person is considered innocent until a
court decision finds him guilty.
The conclusions that can be obtained from the results of the research are
first, actions taken by the police against the occurrence of shootings at the stage
of investigating cases of criminal acts of terrorism according to the regulation of
the National Police Chief and Police Chief, which is the Chief of Police
Regulation Number 8 of 2009 concerning the Implementation of Human Rights
Principles and Standards in Carrying Out Police Duties. The Republic of
Indonesia states that the use of firearms can only be used to protect human life.
Then this contradicts the Standard operational procedure (SOP) for the use of
firearms issued by the Police Criminal Investigation Unit. Second, the Legal
Impact on Shootings at the Investigation Stage of Criminal Acts of Terrorism
Linked to the Presumption of Innocence, it means the suspect is not necessarily
guilty. Because the right to declare someone guilty is only a court with a decision
through a valid legal process. The act was also carried out not in a state of forced
defense, even though the suspect also has the right not to be deprived of his
liberty, except in very special cases. Meanwhile, extrajudicial killings are carried
out not in a state of forced defense and there are also no laws and regulations that
justify extrajudicial killings even though these acts are committed against
suspected criminal acts of terrorism, which are included as extraordinary crimes.
Keywords: Crime, Terrorism, Presumption of Innocence, Police.