Media Hukum Indonesia (MHI)
Vol 3, No 4 (2025): December

Pertanggungjawaban Aparat atas Kesalahan Prosedural dalam Kasus Salah Tangkap Ditinjau dari Filsafat Hukum

Hidayat, Muhammad Rahmadzani (Unknown)



Article Info

Publish Date
03 Dec 2025

Abstract

Procedural errors by law enforcement officers that result in wrongful arrests constitute a serious violation of human rights and fundamental principles of justice. This study examines the mechanisms of legal accountability for officers responsible for such errors and analyzes them through the lens of legal philosophy. Using a normative juridical method, this research identifies criminal, civil, administrative, and pretrial remedies as instruments to correct unlawful arrests. Philosophically, the perspectives of Aristotle, Fuller, and Radbruch show that wrongful arrest is not merely a technical mistake but a moral failure that undermines the state's legitimacy in exercising its authority. Therefore, holding officers accountable is essential not only for legal certainty but also for safeguarding substantive justice and restoring public trust in the criminal justice system.

Copyrights © 2025






Journal Info

Abbrev

MHI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, ...