State Liability in Legal Protection Against the Defendant That Was Proven Not Guaranteed in The Criminal Action Jurisdiction Process

Abstract

. In the reform era, legal protection and respect for human rights are sometimes still faced with the fact of negligence in law enforcement, especially The Criminal Procedure Code and the Criminal Procedure Code are two separate pieces of legislation (Law No. 8 of 1981) process. So that it is not uncommon for wrongful behavior to occur by law enforcers, and not infrequently members of the public who are considered to have committed a criminal act are then declared innocent in the judicial process. Problems; How is the state's responsibility towards the defendant who was decided by the court to be proven innocent in a criminal case? The research method on this problem is carried out through normative and empirical legal research. The results of his research that; the responsibility of the state to provide legal protection to suspects who are proven innocent, this is an order from the state constitution, as well as to provide legal protection for human dignity and other rights connected to Indonesian law enforcement, which must be enforced by law enforcers. Legal protection of human dignity by implementing the principle of presumption of innocence is also an obligation that must be accounted for by law enforcement at all stages of the criminal law enforcement process, from the investigation, prosecution to judicial process. The form of compensation for defendants who are proven innocent, namely the Government Regulation Number 92 of 2015, Concerning the Second Amendment to Government Regulation Number 27 of 1983, Concerning the Implementation of the Criminal Procedure Code, and Related Matters, Rehabilitation. In its implementation, the provision of rehabilitation and compensation has not yet been felt to obtain the legal certainty that should be obtained by the defendant who is legally proven innocent.