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Kemal Dermawan, Mohammad
Departemen Kriminologi, Fakultas Ilmu Sosial Dan Ilmu Politik, Universitas Indonesia
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Vacuum effect of wrongful criminal justice process: The case of Indonesia Rahmawati, Erni; Dermawan, Mohammad Kemal
Indonesian Journal of Social Science Research Vol. 4 No. 2 (2023): Indonesian Journal of Social Science Research (IJSSR)
Publisher : Future Science

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11594/ijssr.04.02.10

Abstract

Introduction: The victims in Indonesia who have been wrongly arrested in various phases of the criminal justice process and have accordingly experienced suffering are not yet included within the terms. The existing term does not clearly describe the officials responsible for the wrongful arrest while enforcing criminal law either. This study aims to address these problems. Method: Using literature review as a research method to explain problems regarding the terms of wrongful arrest, the study also uses critical victimology, which includes structural victimization and state crime. Results: The process of wrongful arrest in Indonesia comprised of victims who were released in the early phase of the case investigation and victims who have served their sentences. Additionally, officials in the criminal justice system, especially the police, and judges, have a significant role in attracting people into the criminal justice system and keeping them in the position of the perpetrator until the last phase, even when all the evidence point to the victim’s innocence. Conclusions: Such a characteristic can be described as a vacuum. It tends to suck the victims until the final phase despite its ability to release them in the middle of the process with the help of parties of the justice system. Given this problem, wrongful criminal justice process as a new term has emerged, which includes and explains problems not adequately addressed by the previous term. Through this term, it is expected that the victims will get more attention and receive compensation from the state.
Co-Authors Al Aziz, Haerul Ariyanny, Renny Aulia Dwi Adhitya Bae, Sung-jun Claudia Clarentia Ciptohartono Deny Indrawan Erni Rahmawati Erni Rahmawati Hendro Wicaksono Heni Batara Maya Imam Sobari Jeanitha Kharisma Fitriani Maya, Heni Batara Mohammad Irvan Olii Muhammad Mustofa Muhammad Naufal Afif Nur Syarifah Prima Harrison Putri Marlinda Susanti, Vinitia Vinitia Susanti