ANALISIS YURIDIS PENEMBAKAN OLEH POLISI TERHADAP PELAKU YANG DIDUGA MELAKUKAN TINDAK PIDANA DIKAITKAN DENGAN ASAS PRADUGA TIDAK BERSALAH
ABSTRACT: Indonesian National
Police (INP) is in the Indonesian National Police, which is responsible
directly under the President. The Police carry out policing duties throughoutIndonesia.
Article 18 paragraph (1) of Law No. 2 of 2002 on the Indonesian National Police
provides: "public interest Indonesian National Police officers in carrying
out its duties and powers can act according to his own judgment". One form
of police discretion is often done in the field is in a shoot action against
the suspect. Entry shoot on sight against the suspect issituational, ie based
on the principle of proportionality in the prevention of violence andfirearms
should be applied at the time specified by the state police in dealing with
individual cases, so that individual action is required pula.Asas presumption
of innocence (presumption of innocence) referred to in Article 8 of Law No. 48
Year 2009 on Judicial Power, and also inthe general explanation point 3c
Criminal Procedure Code, which reads: "Any personsuspected, arrested,
detained, prosecuted, and / or confronted in the face of the trial court shallbe
presumed innocent until a court ruling that declared faults and permanent legal
power.In practice, investigators action in arresting set out in Article 18 of
the Criminal Procedure Code is too excessive and often blamed as a violation
HAM.maka the objectives of this study are: First, to determine a violation of
the presumption of innocence or not done by the police in practice fire on
suspected perpetrators of criminal acts, Second, to determine the responsibility
of the police officers who violated procedures in fire on suspected
perpetrators of criminal acts. So the author believes that, first it is
necessary no specific rules regarding the use of force by the police, so that
an act committed by the police there are clear rules and there is also a basic
standard of how the use of force does not violate the Human Rights. Second, the
police are expected to provide measures sanctions against members of the police
who use firearms are not in accordance with the Regulation No. 1 of 2009, and
the police institution should enforce the principle of transparency, the
officers who commit violations should not be defended, just for the sake of the
integrity and reputation of the institution, the police would have the heart to
violate human rights , especially when officials violate the presumption of
innocence.
Penulis: Tabah Santoso
Kode Jurnal: jphukumdd151248
