Juridis Review about The Catching Procedure in Indonesia Connected with Law Number 39 of 1999 Concerning Human Rights

Diera Gayanti, Sholahuddin Harahap


Human Rights are the inherent right of every human being from the outset of birth that is valid for life and can not be interfered with by anyone, in Indonesia itself is protected by various laws but specifically protected by Law number 39 Year 1999 on Human Rights. The provisions of legislation in public law are often highlighted as vulnerable to violation of human rights, so in the case of its application must be careful, the provision of public law in question is criminal law. The Criminal Procedure Code is a law regulating the Criminal Procedure Code in Indonesia, as one of the instruments in Indonesian legal norms, Criminal Procedure Code must provide protection to human rights. The Criminal Procedure Code has clearly set out the procedures for enforcing the Criminal Procedure Code, while the issues to be discussed are how the Indonesian Legislation Provisions Regulate the Terms and Procedures for Arrest, Detention, and How to arrest and detain in accordance with Human Rights. The type of legal research used by the author is the type of normative and juridical legal research, where the authors conduct a legal study that examines ready-made materials in the form of laws and books to find answers to the problems discussed, the authors also analyze a case that already has The power of the law remains. The results of the study show that, Firstly, the lack of care or carelessness of the Police Officers in the arrest and detention that led to the many cases of misconduct in Indonesia caused by a lack of understanding of arrest and detention procedures, both cases of misconduct by the police Suspected of committing crime proves law enforcement officers are less professional and tend to force themselves to meet the target of disclosure and completion of a case, this proves the police performance in the field is not professional and just to meet the target only.


Arrest, Detention and Human Rights


I A Shearer, Strake.s International Law, 11th de., Butterworths, USA, 1984.

Mochtar Kusumaatmadja, Pengantar Hukum Internasional. Alumni. Bandung 2003.

Sitompul, Polisi dan Penangkapan, Tarsito. Bandung. 1985.

Yahya Harahap, Pembahasan Permasalahan dan Penerapan KUHAP: Penyidikan dan Penuntutan. Sinar Grafika. 2006.

Undang-Undang Nomor 2 Tahun 2002 tentang Kepolisian Republik Indonesia.

DOI: http://dx.doi.org/10.29313/.v0i0.6485

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