ANALISIS HUKUM PERTANGGUNG JAWABAN PEYELIDIK POLRI TERHADAP TERJADINYA SALAH TANGKAP (EROR IN PERSONA)
Tanggal Upload: 29/05/2025
Penulis / NIM:
MUHAMAD FAJRI JUNAIDI HUNTA / H1117106
Program Studi:
S1 Ilmu Hukum
Kata Kunci:
Analysis, Law, Accountability, Investigators, Error In Persona
Abstrak:
research method used in this study is the method used is the author's research contains legal norm values and literature values so that it is considered a literature approach doctrine.The purpose of this study is to (1). To determine the Legal Analysis of the Responsibility of Police Investigators for Wrongful Arrests (Error In Persona) (2). To determine whether the Responsibility ofPolice Investigators for Wrongful Arrests (Error In Persona)The results of this study indicate that: (1). The study shows that Police Investigators are legally responsible for the wrongful arrest of innocent individuals. Identification errors or illegal arrests can result in legal liability. In such cases, restoration of rights, including reputation and compensation, is important for justice and individual rights in criminal justice. (2). Article 97 paragraph 1 of the Criminal Procedure Code provides rehabilitation for victims of wrongful arrests, restoring their good name. Article 95 paragraph 1 of the Criminal Procedure Code regulates the accountability of Police investigators related to wrongful investigations or arrests. Individuals detained without a valid reason are entitled to financial and non-financial compensation, which is important for the restoration of the rights affected by legal errors.Based on the results of the study, it is recommended: (1) Law enforcers including Polri investigators must be careful and preventive including validation before arrest, transparency, and compensation. Internal evaluation is needed to prevent errors, training to strengthen legal understanding. (2) Law enforcers, especially Polri investigators, comply with Article 97 paragraph 1 of the Criminal Procedure Code for victim rehabilitation, understand Article 95 paragraph 1 of the Criminal Procedure Code for a quick response to errors with recognition and compensation.