Implementation of the Rights of Suspects As Manifestation of the Principle of Presumption of Innocence at the Investigation Level

This research aims to analyze the implementation of suspects' rights during the investigation process and to identify the challenges encountered in upholding the presumption of innocence principle. The research method employed in this study is an empirical method, consisting of primary data derived from interviews conducted at the Parepare City Police Office and secondary data obtained from document studies, including books, research journals, and legislation relevant to this research. The findings of this study indicate that the investigation process, which is expected to reflect the principle of the presumption of innocence, is often not optimal in practice. Some of the suspects' rights are not fully upheld, such as psychological pressure on the suspects and the right to legal certainty regarding their detention. Several factors influence the examination of suspects that fail to reflect the presumption of innocence principle, categorized into internal and external factors. These factors may compromise the principle in practice. Therefore, better training for investigators, supportive regulations, and a reduction in external pressures are needed to maintain the integrity of a fair legal process.

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Publication Details

Journal
HORIZON PUBLIC LEGAL STUDIES
Published
2025-04-19
DOI
https://doi.org/10.56087/hegels.v1i2.940
Primary Topic
Education, Law, and Society
Type
article
Field-Weighted Citation Impact
0.00
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article

Implementation of the Rights of Suspects As Manifestation of the Principle of Presumption of Innocence at the Investigation Level

Sri Lestari, Muhammad Azham Ilham, Andi Zahwa Syaqira
HORIZON PUBLIC LEGAL STUDIES
Education, Law, and Society
article

Implementation of the Rights of Suspects As Manifestation of the Principle of Presumption of Innocence at the Investigation Level

Sri Lestari, Muhammad Azham Ilham, Andi Zahwa Syaqira
article en

Abstract

This research aims to analyze the implementation of suspects' rights during the investigation process and to identify the challenges encountered in upholding the presumption of innocence principle. The research method employed in this study is an empirical method, consisting of primary data derived from interviews conducted at the Parepare City Police Office and secondary data obtained from document studies, including books, research journals, and legislation relevant to this research. The findings of this study indicate that the investigation process, which is expected to reflect the principle of the presumption of innocence, is often not optimal in practice. Some of the suspects' rights are not fully upheld, such as psychological pressure on the suspects and the right to legal certainty regarding their detention. Several factors influence the examination of suspects that fail to reflect the presumption of innocence principle, categorized into internal and external factors. These factors may compromise the principle in practice. Therefore, better training for investigators, supportive regulations, and a reduction in external pressures are needed to maintain the integrity of a fair legal process.

HORIZON PUBLIC LEGAL STUDIESVol. 1(2)
Universitas Muslim Indonesia (ID)
Openalex Percentile: Top 88%
Education, Law, and Society
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