The Determination of Suspect Status by The Corruption Eradication Commision is Assosciated with The Principle of Presumtion of Innocence in The Process of Investigation (Study Case: Bambang Widjojanto)

Abstract

Law enforcement in the context of eradicating corruption has experienced many obstacles. By means of Law Number 30 Year 2002 about the Corruption Eradication Commission of indonesia established an institution that is Corruption Eradication Commission. In Law Number 30 Year 2002 on the Corruption Eradication Commission, namely in Article 32 paragraph 1 Letter C and Article 32 paragraph 2, This we can see the facts in the field of the KPK leaders made easy suspects are prosecuted criminally in case they fight for his rights as a suspect. This reap the pros and cons against the KPK leaders who became a suspect is a form of criminalization. The purpose of this study is to examine and understand how the principle of presumption of innocence in the Criminal Procedure Code protects the rights of suspects before any decision has had permanent legal force and examines and understands how the legal certainty of Number 30 of 2002 on the Commission for Eradication Corruption. Research Methods in this thesis is descriptive analytical and using normative juridical research methods. Data collection techniques were obtained through literature study by conducting in-depth assessment of secondary data covering primary legal materials, secondary legal materials, tertiary legal materials. From this research it is concluded that with the principle of presumption of innocence to protect the rights of suspects before there is a decision that has had permanent legal force and to protect the legal certainty of the suspect.