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All Journal Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Collegium Studiosum Journal
Anan, Moh. Shofi
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Justice and Human Rights: A Study of Legal Protection for Victims of Fabricated Arrests in Narcotics Cases Anan, Moh. Shofi; Maman Suherman, Ade; Setiady, Tri
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 16 No 2 (2024): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v16i2.9842

Abstract

Ideally, the legal system in Indonesia should guarantee justice and uphold human rights by protecting individuals from arbitrary arrests and fabricated cases. However, in reality, incidents of fabricated arrests, particularly in drug-related cases, continue to occur due to weak law enforcement and deficiencies within the system. This study aims to analyze the legal protection mechanisms for victims of fabricated arrests in drug cases from a human rights perspective, with the goal of achieving substantive justice. The methodology used is juridical-normative with a descriptive-analytical approach, utilizing primary and secondary data from literature review and analysis of relevant legal frameworks. The research findings indicate that although regulations exist that provide access to pretrial, compensation, and rehabilitation, their implementation is hindered by complicated procedures and lack of oversight over law enforcement authorities. The human rights perspective emphasizes the importance of physical, psychological, and social recovery for victims as part of efforts to achieve substantive justice.
EXTRAJUDICIAL KILLING OLEH APARAT PENEGAK HUKUM SEBAGAI PELANGGARAN PRINSIP DUE PROCESS OF LAW DALAM PERSPEKTIF HAK ASASI MANUSIA Anan, Moh. Shofi; Sambas, Nandang
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1647

Abstract

Extrajudicial killings committed by police officers in Indonesia in the context of the principle of due process of law and protection of human rights (HAM). The rule of law guarantees that every law enforcement action must be carried out fairly, transparently, and in accordance with legal procedures, but in reality, acts of extrajudicial killings still often occur. Cases of shootings by police officers, such as the shooting of students in Semarang and various other incidents in several regions, indicate serious violations of the principles of law and human rights. This study uses a qualitative normative approach by examining relevant national and international legal provisions, including Law Number 39 of 1999 concerning Human Rights, the Criminal Code, the Criminal Procedure Code, and the Regulation of the Chief of Police on the use of force in police actions. Data were obtained from laws and regulations, human rights institution documents, and related scientific literature. (1) The results of the study indicate that acts of extrajudicial killings constitute a serious violation of the principle of due process of law, reflect abuse of authority and damage the credibility of law enforcement officers. (2) This violation also has a serious impact on the protection of human rights in Indonesia, especially the right to life which is non-derogable. The legal accountability mechanism for this practice is still weak, so it is necessary to reform the monitoring system and increase the accountability of law enforcement officers.
Co-Authors Maman Suherman, Ade Nandang Sambas Tri Setiady, Tri