PERLINDUNGAN HUKUM TERSANGKA DALAM PROSES PENYIDIKAN

2021 
THE LEGAL PROTECTION OF SUSPECTS IN THE INVESTIGATION PROCESS ABSTRACT This thesis research discusses the Legal Protection of Suspects in the Investigation Process, with the issues discussed are: 1)How are the arrangements for granting legal protection to the rights of suspects in the investigation process? 2)What are the legal consequences of the provision of legal protection for the rights of suspects for police investigators during the investigation process? The research method used is normative juridical research with a statutory approach, a conceptual approach, and a case approach. The legal materials collected are: primary legal materials, secondary legal materials and terer legal materials. Analysis of the collected legal materials is carried out by taking an inventory, systematizing and interpreting it. The results of the research show that: 1) Regulations for granting legal protection of the rights of suspects in the process of investigating daitur in Article 50 to Article 68, confirmed by 114 Criminal Procedure Code, the investigator is obliged to inform him of his right to legal aid (but there is no sanction for the investigator.); and Article 117 that "The statement of the suspect and/or witness to the investigator is given without pressure from anyone and / or in any form". 2)Legal consequences of regulating the provision of legal protection for the rights of suspects for police investigators in the investigation process. Article 143 paragraph (3) of the Criminal Procedure Code also states that if the Investigation Report does not meet the material requirements, the Investigation Report will be legally flawed, which will also make the Indictment null and void. Recommendations to policy makers: 1)In order for the implementation of the provisions of Article 114 of the Criminal Procedure Code to run optimally and have a legal certainty, it is necessary to stipulate in a statutory regulation that contains clear sanctions for investigators who do not fulfill their obligations in notifying suspects regarding the rights of suspects in get legal assistance. 2)In order to prevent violence and intimidation from occurring in an investigation, it is necessary to make regulations regarding the examination of suspects which must be witnessed by a legal advisor and investigators who intimidate and violate the suspect are given both criminal and administrative sanctions. Keywords: Legal Protection, Suspects and Investigation
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