PERLINDUNGAN HUKUM KORBAN SALAH TANGKAP DALAM TINDAK PIDANA PEMBUNUHAN (Studi Kasus Putusan Nomor 10/Pid.Pra/2024/PN Bdg)

Abstract

ABSTRACT 

This research addresses the legal issue of legal protection for victims of wrongful arrest, studying the case of Pegi Setiawan in Decision Number 10/Pid.Pra/2024/PN Bdg. Wrongful arrest is the arrest by law enforcement officers of a person who is not the actual perpetrator of the crime, and usually occurs due to procedural inaccuracies, public pressure, misidentification, or a lack of professionalism.

This research uses a normative method and examines relevant laws and regulations, such as the Criminal Procedure Code (KUHAP), the Human Rights Law, and Government Regulation No. 92 of 2015. In the Pegi Setiawan case, it was found that the suspect's determination was not based on two valid pieces of evidence and violated the presumption of innocence. Through a pretrial ruling, Pegi's arrest and suspect determination were declared invalid and null and void.

This study examines the rights of victims of wrongful arrest, such as the right to information, legal assistance, compensation, and rehabilitation. Furthermore, this thesis also discusses the compensation mechanism through pretrial proceedings, as well as the criminal, civil, and administrative liability of guilty law enforcement officers.

This study emphasizes the importance of reforming the criminal justice system and protecting human rights in the law enforcement process, while also encouraging accountability of officers to prevent similar mistakes from occurring in the future.

Key words: Wrongful arrest, Legal protection, Pretrial