Journal of Strafvodering Indonesian
Vol. 1 No. 4 (2024): JOSI-SEPTEMBER

The Impact of Error in Persona : Lilability of Police Investigators in Wrongful Arrest Cases

Adi Gunawan (Fakultas Hukum, Universitas Madura)
Parningotan Malau (Univeristas Riau Kepulauan)
Wildani Khotami (Fakultas Hukum, Universitas Terbuka Banjarmasin)
Harly Clifford Jonas Salmon (Universitas Pattimura)



Article Info

Publish Date
27 Sep 2024

Abstract

Wrongful arrest in Indonesia is a serious problem in law enforcement that often results in physical suffering, psychological, and social losses for victims. One form of error that often occurs is “error in persona,” which is a misidentification that results in the arrest of an innocent person. This research uses normative juridical method with literature study and qualitative analysis to analyze the responsibility of investigators in cases of wrongful arrest. The purpose of this study is to understand the factors that cause errors in persona and their impact on victims and the legal system. The results show that misidentification often occurs due to inaccuracies in evidence collection, pressure to quickly resolve cases, and the use of inadequate investigative methods. In addition, the importance of fulfilling the legal procedures stipulated in the Criminal Procedure Code (KUHAP) is crucial to prevent these errors. Reforms in the investigation process, increased capacity of investigators, and the use of modern technology are necessary to minimize the risk of errors and ensure justice and the protection of human rights.

Copyrights © 2024






Journal Info

Abbrev

JOSI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Other

Description

Journal of Strafvordering Indonesian (JOSI) is a peer-reviewed, open access international journal that discusses politics of law in general, discuss discourses on the development of criminal law and government policy from various perspectives. All submitted manuscripts will be reviewed by the ...