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90 J.L. Pol'y & Globalization 92 (2019)
Juridical and Sociological Implications of Wrong Arrest (Wrong Procedure) against the Defendant in the Criminal Justice System Linked to the Rights of Citizens and the Protection of Human Rights

handle is hein.journals/jawpglob90 and id is 92 raw text is: Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) I Vol. 90, 2019 Juridical and Sociological Implications of Wrong Arrest (Wrong Procedure) Against the Defendant in the Criminal Justice System Linked to the Rights of Citizens and the Protection of Human Rights H. Darmadi Djufri. SH., M. H* The writer is a Law Doctoral Program Student at Borobudur University, Jakarta Abstract The legal protection given to the accused is an indication of wrongful arrest is treated the same as the other defendants that is given their rights under the Criminal Procedure Code. This was done because it prioritized legal certainty, namely by the existence of an innocent verdict from the court, the decision could be used as the basis for the right to file compensation claims. Legal protection related to the defendant's rights has been regulated in international conventions and legislation, but its implementation needs to be emphasized, so that investigators in carrying out their duties are more professional. Judicially, and sociologically, for citizens who have experienced wrongful arrests (wrong procedures) their rights will still be protected, as stipulated in the ICCPR (International Convenant on Civil and Political Rights), in which case Indonesia has ratified and has been regulated in Criminal Procedure Code, and strengthened by subsequent legislation. Keywords: Legal Protection, Implementation of Law Enforcement, Human Rights DOI: 10.7176/JLPG/90-12 Publication date:October 31 st 2019 A. Introduction In addition to the law (the Constitution Laws and other laws and regulations) as an application of democratic theory about general elections chosen by a country, the relationship between law and democracy can also be seen in terms of rule of law or nomocracy (rule based on law) as one of the pillar of democracy. There are at least 11 (eleven) elements or pillars of democracy, namely:1 1. Rights and freedoms of citizens, such as the right to self-determination the right to Vote and be elected, the right to express opinions, the right to associate, freedom of religion, the right to preserve cultural identity, economic freedom, and human rights in general . Such rights and freedoms will undoubtedly give birth to not only the diversity of society, but also various forms of differences between individual citizens. Although there are differences between citizens and between groups in society, they all have an equal position as citizens ('we are different but We are equal citizens) in law and government. The principle of populist or people's sovereignty which means 'government from, by and for the people, comes from this first pillar; 2. Agreeiments of various national elemients that are coipounded to not only becoie one nation, but also form a nation-state. This agreement to live together as a nation was achieved based on at least three principles, namely: the identity and uniqueness of each element respected (we are different), recognition of equal status among citizens (we are equal), and an awareness that they all are brothers of the Nation and of the Motherland (we are brothers and sisters). An agreement forms a country and the willingness to become a citizen is based on an agreement on the purpose, form and composition of the state. -Protecting all Indonesian people and all Indonesian bloodshed promoting public welfare, educating the nation s life, and helping to maintain world peace ...' for example, is the goal of the Republic of Indonesia (state structure) of the Republic of Indonesia. The Republic of Indonesia established must protect all nations (all elements of the nation, both ethnic groups and religious groups, both nominally minority and majority), and protect the entire Indonesian blood spill (all regions of Indonesia that are near goVernment centers and remote ones). The purpose. form and composition of the state, the system of government, the distribution of power and so forth are regulated in the Constitution. In short, nationality (nation state) is an important fundamental of the democratic political system. Nationhood is necessary for democratic political systems to function but it is not sufficient; 3. General elections are held based on direct by voters, general suffrage, free, secret, honest and fair, transparent and accountable which are held periodically and in an orderly manner for electing state legislators and executive institutions at both national and regional levels. Population, area size. and 'Ramlan Surbakti, Demokrasi, Hukum, Dan Reformasi Peradilan, Komisi Yudisial Republik Indonesia, Jakarta, 2014, p. 3