PENGATURAN PRAPERADILAN DALAM MELINDUNGI HAK ASASI TERSANGKA TERHADAP UPAYA PAKSA

Abstract

The purpose of this study is to examine regulations related to the application of law in Indonesia, particularly the pretrial institution in relation to the protection of human rights and inter-institutional oversight among law enforcement agencies. To achieve this objective, a legal approach is employed. Since this research follows formal legal procedures, the required data focus on secondary data. The collection of secondary data is conducted through document analysis, including statutory regulations, the Indonesian Criminal Procedure Code (KUHAP), and other legal provisions related to pretrial proceedings, law enforcement, conference proceedings, academic working papers, journals, legal dictionaries, and reference books that contribute to clarifying the research findings. This method is closely related to the type of approach and data obtained; therefore, the analysis used is qualitative normative analysis, as the nature of this research is normative. The results of the study indicate that the implementation of coercive measures, in principle, restricts human rights; however, within the framework of law enforcement, such measures can be legally justified. To ensure that law enforcement actions are carried out in accordance with existing regulations, horizontal supervision among law enforcement agencies is essential. The primary objective of this supervision is to protect human rights from potential abuses of power by law enforcement officials. At present, the pretrial institution as regulated under the KUHAP has significant shortcomings, as pretrial review can only be conducted after law enforcement authorities have carried out coercive measures without prior judicial authorization, which clearly constitutes a violation of human rights. This condition demonstrates that the KUHAP has not yet fully protected the rights of suspects and defendants.