PERLINDUNGAN HUKUM DAN PEMULIHAN TERHADAP KORBAN SALAH TANGKAP DALAM TIDAK PIDANA DITINJAU DARI PASAL 95 DAN 97 KUHAP

Authors

  • Riski Kurniadi Fakultas Hukum, Universitas Pamulang
  • Jenny Erlistia Fakultas Hukum, Universitas Pamulang
  • Nur Setyaningsih Fakultas Hukum, Universitas Pamulang

Abstract

The purpose of this research is none other than to review and provide understanding to all parties that in carrying out a law every citizen has rights where these rights are protectedby law and cannot be violated by law enforcers in the criminal justice process, therefore it is important how the mechanism arrest so that there are no violations that harm the community, namely related to wrongful arrests by officers, this research focuses on how the state is presentin protecting its citizens who are victims of wrongful arrests in criminal acts committed by officers where if an error occurs, the state is responsible for protecting citizens the country, thetype of research used is normative research, namely by examining statutory regulations relatedto the subject matter of this discussion, namely how human rights protect victims of wrongful arrests and how the mechanisms of law in dealing with for victims of wrongful arrests and recovery of material and psychological compensation for victims of wrongful arrests in accordance with Articles 95 and 97 of the Criminal Code, but the law does not explicitly state how the form of compensation will be given, so there is no legal certainty. in the invitation regulations.

 

Keywords : Legal protection, laws and regulations, wrongful arres Ka

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Published

2023-03-23