PERLINDUNGAN HUKUM TERHADAP HAK-HAK TERSANGKA DALAM PROSES PENYIDIKAN TINDAK PIDANA DITINJAU DARI ASPEK HAK ASASI MANUSIA

Abstract

This research is based on legal errors committed by investigators against suspects who did not apply human rights values, where there were forms of torture in the form of beatings, kicking, electric shocks, and other forms of coercion to obtain information from suspects based on one of the case studies. number 131PK/Pid.Sus/2015, which also often happens to several people who are suspects in the criminal investigation process. This research raises a problem formulation related to legal protection of suspects' rights and obstacles in implementing legal protection in the criminal investigation process in terms of human rights. The research method used in this writing is normative legal research with a statutory approach and a case approach, namely analyzing one case with case decision number 131PK/Pid.Sus/2015. The collection of legal materials is carried out by means of literature study and the legal sources used are primary, secondary and tertiary legal materials. Based on this research, the results obtained were that in the case with case decision number 131PK/Pid.Sus/2015, in the implementation of legal processes in accordance with Human Rights (HAM), an error was found, namely that repressive actions were still taking place against the suspect, even though according to the regulations Human rights are clear and strictly adhered.