Justice and Human Rights: A Study of Legal Protection for Victims of Fabricated Arrests in Narcotics Cases

Ideally, the legal system in Indonesia should guarantee justice and uphold human rights by protecting individuals from arbitrary arrests and fabricated cases. However, in reality, incidents of fabricated arrests, particularly in drug-related cases, continue to occur due to weak law enforcement and deficiencies within the system. This study aims to analyze the legal protection mechanisms for victims of fabricated arrests in drug cases from a human rights perspective, with the goal of achieving substantive justice. The methodology used is juridical-normative with a descriptive-analytical approach, utilizing primary and secondary data from literature review and analysis of relevant legal frameworks. The research findings indicate that although regulations exist that provide access to pretrial, compensation, and rehabilitation, their implementation is hindered by complicated procedures and lack of oversight over law enforcement authorities. The human rights perspective emphasizes the importance of physical, psychological, and social recovery for victims as part of efforts to achieve substantive justice.

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Publication Details

Journal
Jurisprudensi Jurnal Ilmu Syariah Perundang-undangan Ekonomi Islam
Published
2024-12-31
DOI
https://doi.org/10.32505/jurisprudensi.v16i2.9842
Primary Topic
Crime, Illicit Activities, and Governance
Type
article
Field-Weighted Citation Impact
0.00
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article

Justice and Human Rights: A Study of Legal Protection for Victims of Fabricated Arrests in Narcotics Cases

Tri Setiady, Ade Maman Suherman, Moh. Shofi Anan
Jurisprudensi Jurnal Ilmu Syariah Perundang-undangan Ekonomi Islam
Crime, Illicit Activities, and Governance
article

Justice and Human Rights: A Study of Legal Protection for Victims of Fabricated Arrests in Narcotics Cases

Tri Setiady, Ade Maman Suherman, Moh. Shofi Anan
article en

Abstract

Ideally, the legal system in Indonesia should guarantee justice and uphold human rights by protecting individuals from arbitrary arrests and fabricated cases. However, in reality, incidents of fabricated arrests, particularly in drug-related cases, continue to occur due to weak law enforcement and deficiencies within the system. This study aims to analyze the legal protection mechanisms for victims of fabricated arrests in drug cases from a human rights perspective, with the goal of achieving substantive justice. The methodology used is juridical-normative with a descriptive-analytical approach, utilizing primary and secondary data from literature review and analysis of relevant legal frameworks. The research findings indicate that although regulations exist that provide access to pretrial, compensation, and rehabilitation, their implementation is hindered by complicated procedures and lack of oversight over law enforcement authorities. The human rights perspective emphasizes the importance of physical, psychological, and social recovery for victims as part of efforts to achieve substantive justice.

Jurisprudensi Jurnal Ilmu Syariah Perundang-undangan Ekonomi IslamVol. 16(2)
University of Singaperbangsa Karawang (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 60%
Crime, Illicit Activities, and Governance
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