International Journal of Social Science, Education, Communication and Economics
Vol. 1 No. 2 (2022): June

Arrest and Detention in Indonesian Criminal Procedure Code under Human Rights Perspective

Muhammad Arif Setiawan (Universitas Islam Indonesia, Yogyakarta, Indonesia)



Article Info

Publish Date
05 Jun 2022

Abstract

This paper aims to analyze the regulatory framework on arrest and detention in Indonesian Criminal Procedure Code under human rights perspective. This study employed doctrinal legal research using statute and conceptual approaches. The findings of this research reveal that the principles of law enforcement and human rights, which include the principles of legality, necessity, and proportionality, are essentially general principles that can be used to determine whether state actions that interfere with citizens' rights and freedoms violate or do not violate human rights. The legal provisions concerning arrest and detention did not fit the human rights standpoint particularly in the context of procedure and the length of detention. The proportionality and the necessity principle have not been fully considered as the ethical basis for arresting the perpetrator of a crime. Hence, what is needed is to amend the Criminal Procedure Code considering the adoption of both necessity and proportionality principle in the arrest and detention.

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Journal Info

Abbrev

SJ

Publisher

Subject

Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Description

International Journal of Social Science, Education, Communication and Economics (SINOMICS Journal) | E-ISSN: 2829-7350 publishes articles or scientific studies related to social science, education, communication, and economics. publishes articles or scientific studies related to social science, ...