Theoretical Study in Human Rights Perspective on the Private Private Vocational School of Understanding in the Dimension of Evidence in the Criminal Justice Process in Indonesia

Abstract

The principle of presumption of innocence in the criminal justice system in essence establishes the whole process of implementing criminal procedural law to be carried out in a balanced manner in accordance with the wishes of the values ​​of Human Rights adopted in Indonesia. Therefore, in the corridor of criminal procedural law, the principle of presumption of innocence must be the main guideline in treating suspects or defendants suspected of committing a criminal act. That is, in implementing law enforcement, the human rights inherent in the suspect and the defendant must not be reduced. KUHAP itself has placed suspects or defendants in a position that must be treated in accordance with human rights values. As a fundamental principle in criminal law, the principle of presumption of innocence is closely related to the problem of proof as a process for determining and declaring one's fault. Through this process of proof, it will be determined whether the evidentiary power of any evidence alleged by the public prosecutor in his indictment will make a defendant released, released from all demands, or convicted.

Keywords: Principle of Presumption of Innocence, Human Rights     Dimension, Law Enforcement.

DOI: 10.7176/JLPG/88-07

Publication date: August 31^st 2019