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Analisis Upaya Hukum Yang Dapat Dilakukan Oleh Korban Salah Tangkap Putri, Abelia Zahara; Siswanto, Heni; Fathonah, Rini; Rosidah, Nikmah; Amrullah, Rinaldy
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 5 No. 2 (2025): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v5i2.1462

Abstract

Legal protection for victims of wrongful arrest is regulated in Articles 95 to 97 of the Indonesian Criminal Procedure Code (KUHAP) and further detailed in Government Regulation No. 92 of 2015 concerning compensation and rehabilitation mechanisms. This study aims to examine the forms of legal protection available to victims of wrongful arrest and to analyze the legal remedies they can pursue to claim their rights. The research employs a normative and empirical legal approach. The normative approach is based on statutory regulations, literature, and academic references, while the empirical data is collected through interviews with relevant informants. The findings indicate that victims of wrongful arrest are entitled to compensation and rehabilitation through legal mechanisms such as pretrial motions. These efforts are intended to restore the dignity, rights, and legal status of the victims. However, in practice, challenges remain in the enforcement of such rights due to procedural complexity and the lack of legal assistance. The study recommends that legal protection should be ensured from the earliest stages of investigation to prevent arbitrary treatment by law enforcement. Furthermore, access to legal remedies must be simplified, and legal aid should be provided to ensure justice for victims.
Analisis Dasar Pertimbangan Hakim Terhadap Putusan Praperadilan dalam Perkara Error In Persona (Studi Putusan Nomor 1/Pid.Pra/2019/PN Kbu) Putri, Abelia Zahara; Rumelawanto, Fajar Putra Prastina
Jurnal Locus Penelitian dan Pengabdian Vol. 4 No. 4 (2025): JURNAL LOCUS: Penelitian & Pengabdian
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/locus.v4i4.4000

Abstract

The predicate of the Unitary State of the Republic of Indonesia as a state of law, means that all behavior of society must be regulated and implemented with strict sanctions and anyone who violates the law will be held accountable for their actions if proven to have committed a mistake. However, the suspect or defendant is a legal subject who has the right to obtain legal protection guarantees, one of which is through pretrial legal efforts. This study aims to determine the mechanism for implementing the pretrial process and to analyze the basis for the judge's considerations in granting pretrial regarding compensation for victims of mistaken arrest or error in persona, as stated in Article 9 paragraph (2) of Government Regulation Number 92 of 2015 in Decision Number 1 / Pid.Pra / 2019 / PN Kbu. This study is a normative legal research that examines the judge's considerations based on Decision Number 1 / Pid.Pra / 2019 / PN Kbu with the provisions contained in the Criminal Procedure Code. The research source collection technique used is literature study, while the research analysis uses deductive syllogism by collecting research sources to understand related norms. Based on the research results, it can be concluded that the judge's considerations in granting the pretrial motion regarding the pretrial decision in this error in persona case are in accordance with the provisions of the Criminal Procedure Code.