PERLINDUNGAN HUKUM DAN PERTANGGUNGJAWABAN NEGARA TERHADAP KORBAN SALAH TANGKAP DALAM PERKARA PIDANA

Abstract

The author wants to examine the problem more deeply through a form of scientific work in the form of a thesis with the title "Legal Protection and State Accountability for Victims of Wrongful Arrest in Criminal Cases". This research focuses on research on what forms of legal protection and state accountability exist for victims of wrongful arrest in criminal cases and whether there are obstacles in implementing legal protection and state accountability for victims of wrongful arrest in criminal cases. This research study is normative in nature as the main approach, considering that the discussion is based on data, statutory regulations and applicable legal principles related to legal protection and state accountability for victims of wrongful arrest in criminal cases. The juridical approach is intended to carry out studies of the legal field, especially criminal law. Legal protection and state accountability for victims of wrongful arrest in criminal cases are important aspects of a just and transparent justice system. Forms of legal protection that can be provided include financial compensation, reputation restoration, the right to appeal, a transparent judicial process, legal assistance, and psychological and medical support. The principle of objective and subjective responsibility must also be applied to ensure justice for victims, where the state is responsible whether there is error or negligence on the part of law enforcement officials or not. These steps not only provide justice for victims, but also strengthen public confidence in the justice system and prevent the recurrence of cases of wrongful arrest in the future. The implementation of legal protection and state accountability for victims of wrongful arrest in criminal cases faces various complex obstacles. Lack of adequate legal recognition and protection, procedural and administrative barriers, limited resources and capacity, unsupportive institutional culture and attitudes, judicial constraints, and social and political factors all contribute to the difficulty of obtaining justice for victims. It is hoped that the government, to strengthen legal protection and ensure state accountability for victims of wrongful arrest in criminal cases, will: revise existing regulations and strengthen related laws to ensure adequate protection for victims of wrongful arrest, including clear provisions on compensation and rehabilitation. Create and implement clear and standardized arrest protocols to minimize the risk of wrongful arrest.