PERLINDUNGAN HUKUM TERHADAP TERSANGKA YANG MENGALAMI TINDAK KEKERASAN DALAM PROSES PENYIDIKAN

RASUH, HERNY (2009) PERLINDUNGAN HUKUM TERHADAP TERSANGKA YANG MENGALAMI TINDAK KEKERASAN DALAM PROSES PENYIDIKAN. S1 thesis, UAJY.

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Abstract

Every human since they was born has basic rights, i.e. basis rights of which are attached to every individual. This basic right becomes the fundamental to every people to have mutual respect and regard of the right of equal human in having social life. In socialization life in society often emerges social conflicts of which bring into legal case. This matter needs law of which can behaves as rule and be conducted such has been established in Civil Code in every implementation of given legal case in society. Process of suit in its relationship to the exploration and legal enforcement was initiated by investigation process. Through the process of investigation, the accused is asked on the explanation toward the conducted criminal action. This matter becomes the reference of the part of investigator to make BAP (Agenda of Case) of which in finally will be conducted to the court level. According to the Law Number 8 of 1981 on Criminal Act, every people of which are accused for conducting criminal action is had innocent prejudice. However, the given legal fact, in process of investigation, the accused more has violence from the part of investigator. It is caused by the part of investigator needs the explanation of the accused. However the accused doesn’t have cooperative characteristic, thus in interrogation process, there often happens violence to the accused. This matter is controversy to the Undang-Undang Dasar 1945 and the Law Number 39 of 1999 on Human Basic Right. Thus finally, it will bring the part of investigator to the violence of article 352 and 354 of Civil Code. Thus according to the author, it needs a regulation of which can thoroughly rule on the rights of the accused in the process of investigation. Thus it can provide legal protection to the accused of which has violence from investigator in investigation process.

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