PATTIMURA Legal Journal
Vol 1 No 3 (2022): Desember 2022 PATTIMURA Legal Journal

Prinsip Miranda Rule Sebagai Hak Asasi Tersangka Dalam Sistem Peradilan Pidana Indonesia

Muammar, Muammar (Unknown)
Baharuddin, Wahdaniah (Unknown)



Article Info

Publish Date
13 Nov 2022

Abstract

Introduction: Often in the law enforcement process there is a form of crime, neglect of obligations, human rights violations related to the civil rights of citizens in the criminal justice system and abuse of power committed by apparat. In our criminal justice system, the rights of suspects who are the basis of human rights attached to them are often overlooked, which is detrimental to suspects. Purposes of the Research: This research aims to find out how the Miranda Rule principle guarantees the human rights of suspects in the Indonesian criminal justice system. Methods of the Research: The methods used in this research are normative research methods, using a conceptual approach and a statute approach. Results Originality of the Research: the results showed that the Miranda Rule/Miranda Principle, in the form of Miranda Rights has provided guarantees for the rights of suspects. Namely, the right to obtain/contact legal counsel/advocate, and if unable to, then the right to be provided with legal counsel/advocates, the right to obtain legal assistance has been absorbed into articles 54, 55, and 114 of the Criminal Procedure Code of Indonesia, while if he is incapacitated, then the suspect has the right to be provided with legal counsel by the official concerned or through an investigator, as stipulated in article 56 paragraph 1 of the Criminal Procedure Code of Indonesia. As for the Miranda Warning (Right To Remain Silent), it is not expressly regulated, but implicitly it can be interpreted as its application in articles 52, 117 and 166 of the Criminal Procedure Code of Indonesia.

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Journal Info

Abbrev

pela

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

PATTIMURA Legal Journal, which is abbreviated as (PELA), is a peer-reviewed media managed and published by the Postgraduate Program Docktoral in Law, Pattimura University. PATTIMURA Legal Journal publishes scientific papers in the field of law, published three times a year in April, August and ...