Implementation of Suspect and Accused Rights in the Indonesian Criminal Justice System (Study Case in Jayapura)

Abstract

Some cases of violence conducted by law enforcers show in somehow the rights of the suspect and the accused are ignored. Those violence can be seen in the cases of the Marsinah case, the Tjetje Tajudin case, the murder case of Bernas journalists, the Tanjung Priok case, the May 14 riots, the 27 July incident, the shooting of Trisakti students, the kidnapping of activists, the November 13 1998 riots ( Semanggi tragedy), Situbondo, Ciamis and Purwakarta riots, Ujung Pandang case, Timika case, re-disclosure of legal violations such as military operations areas (DOM) in Aceh. Based on the finding of the research, it can be said that implementation in fulfilling the rights of suspects in Jayapura has not been able to run optimally because there are still many rights of suspects are ignored in accordance with the Criminal Procedure Code and international instruments such as UDHR, ICCPR, and CAT. The influenced factor of the enforcement of the law to keep the suspect and the accused rights can be seen in the forms of substance of law, law enforcer, facilities, and culture of law. Improving the ability and knowledge of the police (investigators) in the field of education and skills in order to be more professional in carrying out their duties and authorities. The concretize of some efforts to protect the suspect and the accused can be seen in the context of improving preventive and repressive functions in carrying out tasks law enforcement; increasing strict supervision on the implementation of police duties, especially in law enforcement, by giving sanctions to violating members; adding facilities in the implementation of law enforcement duties.; improving the police officer welfare; improving better work mechanism; etc.

Keywords: Rights of Suspect and Accused, Indonesian Criminal Justice System