TANGGUNG JAWAB PENYIDIK POLRI DALAM HAL TERJADI ERROR IN PERSONA

Abstract

Losses incurred as a result of wrongful arrests or mistakes on the part of the police require action to be taken as accountability in ensuring the rights of the wrongly convicted (error in person) due to the flaws in the procedural mechanisms of criminal procedural law in Indonesia and what efforts must be made by government to anticipate the occurrence of criminal legal processes that are materially and formally flawed by law enforcers in Indonesia. Legislative provisions regarding procedures for trial mechanisms, from the inquiry, investigation, prosecution and court stages which have a role in the existence of Law Number 8 of 1981 concerning the Criminal Procedure Code as a guideline for implementing material criminal law in Indonesia at this time This is no longer in accordance with the conditions and needs of society in Indonesia, especially in Article 95 paragraph (1) of the Criminal Procedure Code, the application of which is contained in Article 90 PP Number 27 of 1983 in conjunction with PP Number 58 of 2010 concerning Amendments to Government Regulations concerning the Implementation of the Code of Laws. Criminal Procedure Law, in this case

compensation for victims of errors in person. Law enforcers in Indonesia currently lack understanding regarding the application of laws and regulations, especially in this case the procedures for carrying out criminal legal proceedings, and based on this, the issue of morality from law enforcers also becomes very important, because there are also law enforcers who carry out the process. criminal procedural law arbitrarily without looking at the objective side of the truth or facts in the criminal act that occurred, and has fatal consequences for the human rights of victims of error in person, which indirectly insults the dignity of the law as the basis of the identity of the Indonesian nation as stated in in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia.

regarding