ANALISIS PERLINDUNGAN HUKUM TERHADAP KORBAN SALAH TANGKAP DALAM TINDAK PIDANA PEMBUNUHAN DALAM PERKARA NOMOR 131PK/PID.SUS/2016
Abstract
Protection of human rights, in essence, protection of victims, including
victims of wrongful arrests, is a manifestation of respect for, upholding and
guaranteeing human rights. Based on case No. 1131 / PID.AN / 2013 /
PN.JKT.SEL, No. 360 / PID / 2013 / PT.DKI, No. 188K / PID.SUS / 2014, No. 131PK / PID.SUS / 2015 murder cases that were suspected of 4 victims, who
worked as street singers who were ultimately found not guilty, causing losses to
the victim. This type of research can be classified in normative legal research, namely
legal research conducted by researching library materials. This study examines
the subject matter in accordance with the scope and identification of the problem
through a statute approach carried out by examining the laws and regulations
that relate to the legal issue under study. Data collection techniques used in the
Normative Legal Research are library research methods (library research) which
uses the library as a means of collecting data, by studying books as reference
material related to the problems to be studied. The conclusion that can be obtained from the results of the research is that
legal protection for victims of wrongful arrest in the crime of murder in case
Number 131PK / Pid.Sus / 2016 has not been fully implemented properly. This
can be seen from several provisions inside and outside which are firm and clear, however at the level of implementation it has not been fully implemented properly. Fikri, Fatahillah, Ucok and Pau who are victims of the wrongful arrests of the
Murder case have so far not been able to access justice for the losses that befell
him (materially physically and psychologically). Ef orts to restore the rights of the
victim who was wrongly arrested in case Number 131PK / Pid.Sus / 2016 in a
murder crime case can be made through a request for compensation and
rehabilitation. However, requests for compensation and rehabilitation have not
been implemented properly. Access to compensation and rehabilitation is still not
fully implemented. This is further exacerbated regarding who has to pay
compensation. Keywords: Legal Analysis, Victims, Wrong Arrests, Crime
victims of wrongful arrests, is a manifestation of respect for, upholding and
guaranteeing human rights. Based on case No. 1131 / PID.AN / 2013 /
PN.JKT.SEL, No. 360 / PID / 2013 / PT.DKI, No. 188K / PID.SUS / 2014, No. 131PK / PID.SUS / 2015 murder cases that were suspected of 4 victims, who
worked as street singers who were ultimately found not guilty, causing losses to
the victim. This type of research can be classified in normative legal research, namely
legal research conducted by researching library materials. This study examines
the subject matter in accordance with the scope and identification of the problem
through a statute approach carried out by examining the laws and regulations
that relate to the legal issue under study. Data collection techniques used in the
Normative Legal Research are library research methods (library research) which
uses the library as a means of collecting data, by studying books as reference
material related to the problems to be studied. The conclusion that can be obtained from the results of the research is that
legal protection for victims of wrongful arrest in the crime of murder in case
Number 131PK / Pid.Sus / 2016 has not been fully implemented properly. This
can be seen from several provisions inside and outside which are firm and clear, however at the level of implementation it has not been fully implemented properly. Fikri, Fatahillah, Ucok and Pau who are victims of the wrongful arrests of the
Murder case have so far not been able to access justice for the losses that befell
him (materially physically and psychologically). Ef orts to restore the rights of the
victim who was wrongly arrested in case Number 131PK / Pid.Sus / 2016 in a
murder crime case can be made through a request for compensation and
rehabilitation. However, requests for compensation and rehabilitation have not
been implemented properly. Access to compensation and rehabilitation is still not
fully implemented. This is further exacerbated regarding who has to pay
compensation. Keywords: Legal Analysis, Victims, Wrong Arrests, Crime
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