Aliya, Aslimna Maylani (2024) BATASAN KEWENANGAN PENYIDIK KEPOLISIAN DALAM KAITAN TERHADAP TERJADINYA SALAH PENANGKAPAN ATAU ERROR IN PERSONA. Other thesis, Universitas Gresik.
![[img]](http://elibs.unigres.ac.id/style/images/fileicons/text.png) |
Text (01 COVER)
COVER..pdf Download (4MB) |
|
Text (02 BAB I)
BAB I...pdf Download (764kB) |
|
Text (03 BAB II)
BAB II...pdf Restricted to Repository staff only Download (676kB) |
|
Text (04 BAB III)
BAB III...pdf Restricted to Repository staff only Download (775kB) |
|
Text (05 BAB IV)
BAB IV...pdf Restricted to Repository staff only Download (630kB) |
|
Text (06 DAFTAR BACAAN)
DAFTAR BACAAN.pdf Download (486kB) |
|
Text (08 PLAGIASI)
PLAGIASI BATASAN KEWENANGAN PENYIDIK KEPOLISIAN DALAM KAITAN TERHADAP TERJADINYA SALAH PENANGKAPAN ATAU ERROR IN PERSONA.pdf Restricted to Registered users only Download (3MB) |
|
Text (09 LEMBAR PERSETUJUAN)
LEMBAR PERSETUJUAN.pdf Restricted to Registered users only Download (1MB) |
Abstract
LIMITATIONS OF POLICE INVESTIGATORS' AUTHORITY IN RELATION TO THE OCCURRENCE OF WRONGFUL ARREST OR ERROR IN PERSONA Aslimna Maylani Aliya Law Study Program, Faculty of Law, University of Gresik One or more arrests, referred to as "error in person", have resulted in a number of human rights violations committed by investigators while they were in the process of apprehending someone deemed guilty. Mentioned in Article 1 number 1 of Law Number 39 of 1999 concerning Human Rights Man that as a creature of God, man has a set of rights inherent in his nature and existence. These rights are his gift to us, and as a result we must respect, uphold, and protect them. The author raises two issues. namely: 1). What are the limits of the authority of police investigators in the arrest process in the Criminal Procedure Code (KUHAP) in Indonesia; 2) What is the form of accountability of police investigators for the occurrence of false arrests or errors in persona based on positive law in Indonesia. In this research, the author uses normative legal research methods with three approach methods, including conceptual approach, statute approach, and case approach. The results of this study show that the limits of the authority of police investigators in the arrest process in the Criminal Procedure Code (KUHAP) are not clearly regulated, but police investigators cannot immediately carry out investigative activities at will, but there are also limitations that must be followed by the investigator so that they do not violating Human Rights (HAM) considering that the power of investigators in carrying out this series of actions is too great. The limitations of investigator activities are contained in Article 13 paragraph (1) of the Regulation of the Chief of the National Police of the Republic of Indonesia Number 8 of 2009 concerning the Implementation of Human Rights Principles and Standards in the Implementation of Police Duties. Republic of Indonesia. And the police members who made the wrongful arrest should be held accountable for their actions both criminally, civilly and administratively as well as through disciplinary hearings of members of the National Police as a result of the wrongful arrest.
| Item Type: | Thesis (Other) |
|---|---|
| Uncontrolled Keywords: | Restrictions; Authority; Investigators; Mis-Captured. |
| Subjects: | K Law > K Law (General) |
| Depositing User: | Aslimna Maylani Aliya |
| Date Deposited: | 26 Jul 2024 01:34 |
| Last Modified: | 26 Jul 2024 01:34 |
| URI: | http://elibs.unigres.ac.id/id/eprint/2980 |
Actions (login required)
 |
View Item |
