• Johansyah Johansyah
  • Abdul Roni Universitas Palembang
Keywords: The Presumption of Innocence


The principle of presumption of innocence is regulated in the Criminal Procedure Code (KUHAP) and Law Number 48 of 2009 concerning Judicial Powers. One of the duties of the Investigator (police) is to conduct an examination of alleged criminal acts. Examination carried out by investigators in the context of investigation (examination) to obtain information and clarity about the elements of the alleged crime against the suspect, so that the position of a person (suspect) in a crime becomes clear. In the process of investigating a crime, the investigator (police) is required to apply and uphold the principle of the presumption of innocence, that a suspect must be presumed innocent before a court decision that has legal force remains declared guilty. The protection of the suspect's rights during the investigation process must be respected in accordance with the provisions of the applicable laws and regulations. The rights of the accused have been recognized and regulated in the provisions of the criminal procedural law and human rights law. Legal protection for suspects in the investigation process is by recognizing the rights of suspects by upholding human rights, and must apply the presumption of innocence. In the process of investigating suspects, investigators (police) do not have to pursue confessions from suspects, but investigators in determining criminal offenders to become suspects must be based on sufficient preliminary evidence. So that the legal process can run well and in accordance with applicable legal regulations