PERTANGGUNG JAWABAN HUKUM PENYIDIK KEPOLISIAN REPUBLIK INDONESIAAKIBAT TERJADINYA SALAH TANGKAP DI SISTEMPERADILAN PIDANA INDONESIA

Abstract

One of the problems that occur in the Criminal Justice System is the violation of
rights at one or all levels of examination or investigation. An investigation is a series of
actions by an investigator in terms of and according to the method regulated in this Law
to seek and collect evidence which with that evidence makes clear about the crime that
occurred and to find the suspect (Pasal 1 Butir 2 KUHAP).
This research is a kind of normative research. Normative research is also called
library research, this research is conducted aimed only at written legislation or other
legal materials. This research was conducted on legal principles starting from certain
areas of the legal system, by first identifying the legal rules that have been formulated
in certain legislation.
The results of the study show how the responsibility of the National Police
Investigator in the event of a wrongful arrest while carrying out their duties and legal
remedies that the suspect can take in the event of a wrongful arrest by the Police
Investigator. First, the forms of accountability of Polri investigators to victims of
wrongful arrests are a) immaterial responsibilities, namely, Polri investigators directly
apologize to victims of wrongful arrests, both verbally and in writing; b) material
responsibility, namely providing re-guidance to investigators who violate the code of
ethics, furthermore, legal remedies that can be taken if there is a wrongful arrest,
namely according to Pasal 1 Ayat 22 KUHAP, compensation. The legal basis for the
claim for compensation is Pasal 77 Poin b KUHAP, then rehabilitation in accordance
with Pasal 1 Ayat10 KUHAP in poin c. From this research, it can be concluded that the
form of responsibility carried out by Polri investigators is divided into 2, namely
material responsibility, namely regarding sanctions for apology statements and
immaterial responsibility, namely regarding sanctions in the form of retraining
obligations in Polri educational institutions. Meanwhile, legal remedies that can be
taken by victims of wrongful arrests are by making demands for compensation and
rehabilitation.
Keywords: Responsibilities of Investigators - Legal Efforts - Victims of Wrong Arrest