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The Application of Presumption of Innocence As the Protection Of Sys Rev Pharm 2021;12(3):126-129 A muTltifahceted revAiewpjouprnal iinctheafietldioof phnarmaOcy f Presumption Of Innocence As The Protection Of Human Rights Of Suspect Or Defendant In Preventing Miscarriage Of Justice In The Indonesian Criminal Justice System Ratna Nurhayati Faculty of Law, Social and Political Science Universitas Terbuka, Indonesia Corresponding author: Ratna Nurhayati ABSTRACT This article examines the implementation of the "Presumption of Innocence" as Keywords: Presumption of Innocence, Protection of Human Right, Miscarriage of protection of suspects or defendants’ rights in preventing miscarriage of justice in Justice the Indonesian criminal justice system. The result of the discussion in this article shows that the Indonesian criminal justice system has assured the regulation on Correspondence: the concept of guaranteeing and regulating the presumption of innocence. Ratna Nurhayati However, the application of this right has not reached the expectation, as various Faculty of Law, Social and Political Science Universitas Terbuka, Indonesia cases have been continually occurred in Indonesia, such as Asrori murder cases in Jombang, the Sengkon and Karta case, the unsolved Marsinah case in Sidoarjo, the *Corresponding author: Ratna Nurhayati case of the journalist Udin, the torture case of Tje Tje Tadjudin and many more happened due to the major factor of positivism views that have neglected the values of justice, abuse of power by law enforcement officials and the practice of judicial mafia in Indonesia. INTRODUCTION general definition and its development in ensuring and2 The Republic of Indonesia is a constitutional State based protecting the human rights of suspects and defendants on the Pancasila and the 1945 Constitution which shall be carried out as a means to achieve the fair and upholds Human Rights and guarantees all rights of its appropriate judicial system in accordance with the goals citizens which entitle equal position before law and and expectations of the Indonesian people.In such regard, government with no exception. In this re1gard, the State the Indonesian criminal justice system as stipulated in shall respect human rights of its citizens. As prescribed the Criminal Procedure Code (Law Number 8 of 1981) in Article 28 J paragraph 2 of the 1945 Constitution: uses the term of "due process model". Marc Weber Tobias " In exercising his/her rights and freedoms, every person asserts that "due process model of law is the frame work shall have the duty to accept the restrictions established upon which the system of ordered justice is build..." by law for the sole purposes of guaranteeing the implying that due process of law is a framework created recognition and respect of the rights and freedoms of to ensure the achievement of justice in the criminal others and of satisfying just demands based upon justice system, as a conformity to the democratic considerations of morality, religious values, security and governance and the rule of law. The influence of the public order in a democratic society. " concepts and principles of human rights on the3 law, As a rule of law which upholds human rights with the particularly the criminal justice system is inevitable. This purpose of creating public order and democracy, as a influence has emerged for quite some time until today. logical consequence, the law enforcement officials (police, This influence has substantially impacted the State public prosecutors, judges, lawyers, prisons) shall carry jurisdiction boundaries becomes relative due to the oJuutsttibheliernduties and obligations based on the law and universal nature of human rights. For instance, the title uphold human rights towards seekers of justice “master piece” introduced in the Indonesian criminal ( ) in order to achieve the ultimate justice. The procedure law while it was merely promulgated because Indonesian criminal justice system in general is the concepts and substance of human rights were normatively stipulated in Law Number 8 of 1981 on the contained in it. Moreover, the official recognition was Criminal Procedure Code and other laws such as the given particularly because the title encompasses the Judicial Power Law the Law of the Public Prosecution concepts of "The International Bill of Human Righthsa".bTeahne Service, the Police Law, the Judiciary Power Law and cCorrimpuinsal Procedure Code stipulates ten principles on the many more.The implementation of human rights in the provision of Human Rights. The principles are the criminal justice system has become one important issue , the right to Silence, the principle of nonself in achieving the ultimate justice due to its direct relation merimination, time limit for arrest and detention, to the rights of suspects and defendants that shall be compensation and rehabilitation and Miranda warnings. protected with regard to the treatment of law In a brief, the law and human rights materials in the enforcement officials in carrying out the act of force. As Criminal Procedure Code are substantially osmose which emphasized by Mien Rukmini, human rights in Indonesia make the status of the Code is positive law. Therefore, the are associated with the criminal justice system. Therefore, spirit of law from the concept of Human Rights along with a research regarding the judicial process including its concepts and substances have in fact been merged 1 Mien Rukmini, Perlindungan HAM Melalui Asas Praduga 2 Mien Rukmini Op cit Hal. 69 Tidak Bersalah dan Asas Persamaan Dalam Hukum Pada 3 Marc weber Tobias R David Peterson, pre-trial criminal Sistem Peradilan Pidana Di Indonesia. Alumni, 2003 , p 1 procedure,a survey of constitutional right. Charles. 126 Systematic Reviews in Pharmacy Vol 12, Issue 3, Mar-Apr 2021 The Application Of Presumption Of Innocence As The Protection Of Human Rights Of Suspect Or Defendant In Preventing Miscarriage Of Justice In The Indonesian Criminal Justice System without an official legal transplant proc4ess to become (rehabilitation of the offender), the medium5 level (crime provision of the Criminal Procedure Code. prevention), and long level (social warfare). The Criminal Procedure Code has accommodated the The Indonesian criminal justice system is stipulated in principles and concepts related to the protection of Law Number 8 of 1981 on the Criminal Procedure Code human rights, particularly the rights of suspects and and other laws related to the judicial system, such as the defendants. The principle of presumption of innocence is Police Law, the Law on the Public Prosecution Service, one of the most important principles with the aim to and the Judiciary Power Law have accommodated protect the human rights of suspects and defendants. The principles that uphold human rights, one of which is the principle of presumption of innocence is stipulated in the presumption of innocence. This principle has been widely general elucidation point 3 letter C. The principle being recognized and accommodated in almost all criminal included in the general elucidation that governed the justice systems of State over tge world because of its Code implies the fact that the legislators have determined universal nature. In international law, the principle of it as the principle underlying the Code and its presumption of innocence is stipulated in Article 39 of enforcement. Besides, Article 8 of the Law Number 4 of the Magna Charta states that: 2004 also emphasizes the presumption of innocence. As a "No free man shall be seized or imprisoned, or stripped of logical consequence, suspects or defendants have the his rights or possessions, or outlawed or exiled, or right to be considered innocent until proven guilty by the deprived of his standing in any other way except by the decision of the court with permanent legal force during lawful judgement of his equals or by the law of the land." the investigation process until the trial session. However, In the sixteenth century, it was expanded with the the implementation of the criminal justice system, stipulation that "No person at any level or in any particularly at the level of investigation indicates that the condition of life may be brought, or seized, or executed law enforcement officials frequently neglected this witho6ut being held responsible through a due process of principle (presumption of innocence) by applying law". coercive measures against suspects and/or defendants. Meanwhile, the implementation of the principle of Such action may lead to the violation of human rights presumption of innocence in the criminal justice system hereinafter known as “miscarriage of justice”. The in Indonesia is stipulated in the general elucidation point instances of miscarriage of justice cases in Indonesia are 3 letter C "Anyone who is suspected, arrested, detained, the Sengkon and Karta case, the Marsinah case in Sidoarjo, prosecuted or brought before a court, should be regarded the Udin journalist case, the Tje Tje Tadjudin torture case as innocent until a court decision determining his guilt and recently the Asrori case in Jombang. These cases acquires a permanent legal force.” This provision is imply a fact that the criminal justice subsystem in implicitly prescribed in Articles 35, Article 36 and Article Indonesia frequently neglects the principle of 66 of the Criminal Procedure Code by which Article 66 presumption of innocence which lead to the deviation of stipulates that "A suspect or defendant shall not be the purpose of the law. burdened with the duty of providing evidence". In Based on the foregoing
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