PERTANGGUNGJAWABAN PENYIDIK KEPOLISIAN REPUBLIK INDONESIA DALAM TINDAKAN SALAH PENANGKAPAN TERHADAP PELAKU TINDAK PIDANA DALAM HUKUM PIDANA INDONESIA

Abstract

One of the arrests is the mistake or negligence of the investigator in
determining the offender. The phenomenon of cases of wrongful catch is evidence
of weak performance of law enforcement officers and this should be accounted for
referring to the professionalism as law enforcement.
This type of research can be classified with the type of normative juridical
research, because in this study the authors directly synchronize the law by using
the normative approach focused on library research. This study analyzes the
legislation concerning the accountability of Polri investigators who have miscaught
when carrying out the duties and the cause of the wrong action of arrest
by the investigator.
From the results of this study there are some things that concluded the
author. First, the occurrence of the victim of the arrest due to the lack of
understanding and the implementation of the investigator against the principle of
presumption of innocence and the Criminal Procedure Code, the investigator uses
a way contrary to the law to investigate the suspect by force or use violence to
obtain information and recognition of the suspect, making BAP is far from actual
this matter may be punished and prosecuted in pre-trial shall be imposed with
Article 52, Article 333, Article 334, Article 351 of the Criminal Code. Secondly,
the responsibility of the police investigator is divided into two, namely the
material responsibility, namely the sanction of apology and the immaterial
responsibility, namely the sanction in the form of the obligation of re-education in
the institution of the police education.
Keywords: Accountability - Investigators - False Arrest