Sangia Nibandera Law Research
Vol. 2 No. 1 (2025): Sangia Nibandera Law Research, June 2025

Accountability of the Investigators of the Indonesian National Police and Legal Remedies Taken by the Suspect in the Event of an Error in Persona: Pertanggungjawaban Penyidik Kepolisian Republik Indonesia dan Upaya Hukum yang Dilakukan oleh Tersangka dalam Hal Terjadinya Error in Persona

Nurhaisyah Nurhaisyah (5 Faculty of Law, Universitas Sembilanbelas November Kolaka)
Irabiah Irabiah (Faculty of Law, Universitas Sembilanbelas November Kolaka)
La Ode Awal Sakti (Faculty of Law, Universitas Sembilanbelas November Kolaka)
Basrawi Basrawi (Faculty of Law, Universitas Sembilanbelas November Kolaka)
Muhammad As Ari. AM (Faculty of Law, Universitas Sembilanbelas November Kolaka)



Article Info

Publish Date
30 Jun 2025

Abstract

The arrest procedure has been regulated in the Criminal Procedure Code. However, in practice, it is possible that in the arrest process there may be wrongful arrests. In legal terms, wrongful arrests made by police investigators are called errors in persona. The purpose of this study is to determine the accountability of police investigators when making wrongful arrests based on the law and legal remedies carried out by suspects in the event of an error in persona. In this study, the author used a normative research method which is research conducted by literature study or document study. The data analysis technique used is a qualitative normative analysis, namely by interpreting or drawing conclusions about the legal materials that have been processed. The results of the study show that the responsibility of police investigators when making wrongful arrests based on the law can be in the form of civil liability, criminal liability, and ethical and administrative liability. The legal remedies taken by the suspect in the event of an error in persona are in the form of pretrial legal remedies which are judicial legal remedies, and the victim of wrongful arrest can also take non-judicial legal remedies (out-of-court settlement) in the form of a complaint to the National Human Rights Commission (Komnas HAM), or a complaint to the nearest Police Service Center (SPK).

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Journal Info

Abbrev

snlr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Sangia Nibandera Law Research (ISSN 3064-1349 / 3064-2000) is dedicated to advancing critical, contextual, and forward-looking legal scholarship that responds to the evolving dynamics of law in society. The journal focuses on interdisciplinary and comparative legal studies, emphasizing the ...