UPAYA PERLINDUNGAN HAK-HAK TERSANGKA/TERDAKWA MELALUI MEKANISME PRAPERADILAN DI KOTA GORONTALO
Abstract: Building justice
through judicature institution
always contends with
consequence which sacrifices the suspected as being object of
investigation. There is a guarantee called “presumption of innocence”, but the
guarantee is not representative enough, there must be still a guarantee that
the position of the suspected is quiet strong, not only as object, but also, as
possible as being subject, and law officers effort to find fair decisions. With
the existing of prejudge, in hope, Criminal affairs will run well which is
suitable with the current regulation. Arresting, jailing etc can not be
accomplished at haphazard. The whole is to manifest law protection of human
rights in order not to be violated. Besides it, the existence of prejudge in hope,
is able to help and gives the protection of law to the basic rights of the
accused as an effort to protect the one from forced trial by investigators and
public prosecutors. Therefore, automatically the rights of the accused can also
be protected. The execution of prejudge as managed within KUH Pidana is
influenced by several factors such as: first, prejudge as the law protection of
human rights. Second: prejudge as the instrument to control the investigator and
prosecutor, Besides the factor as explained above, there are also barriers in
the execution of prejudge. The hindering factor of prejudge execution consists,
such as; First the prejudge practice is still rare. second, the basic
difference of judge’s decision of sentence, third, limited time for inspection
of prejudge affairs.
Kata Kunci: perlindungan,
hak-hak tersangka, praperadilan
Penulis: Dian Ekawaty Ismail
dan Yowan Tamu
Kode Jurnal: jphukumdd090063
