Abstract of investigation. Therefore, it should be

Abstract : Declaration of principles justice for the victim of crime and misused of power on point B of the misused power number 19 stated that the states must be consider to put under the national law, norms that have forbidden to misused it. Spesifically, the restoration must cover the restitution and/or compensation, together with the help and support on materiil, medical, psicology and social but in the case of implementation is often the legal officers conduct the wrongact in order to enforced the law, like to arrest and detention the suspect witouht a proper procedure that mentioned under the Penal Code of procedural law, The wrongful act under the law implementation so the suspect is free, have found the error in persona so need to have a right for compensation. Furthermore, it is need to analysis about the right of compensation for the suspect, defendant and convicted. The purposed of this study is to know the essence of compensation for the suspect, defendant and convicted under the criminal case. Type of this study is normative research with legal approach, philosophy approach, case approach and concept approach. The result of this research have shown one basical things that included in the penal code of procedural law which is the consideration of human rights for suspect and defendant as a guarantee for the protection of honor and dignity. The rights of the suspect or defendant are the constitutional right that given since they were born or given by the law. The right is given by the law related of its status as a suspect or defendant, one of the principle which under the penal code procedural law is the principle of the right for compensation for the suspect, defendant and convicted under the criminal court system as mentioned under point d of the general explanation of penal code of procedural criminal law which stated that to whom that to be arrested, to be accused or being prosecuted without any reason according to the law or due to any mistakes must get the compensationor rehabilitation since in the level of investigation. Therefore, it should be if the examination of pre court of the compensation demanding is going, the investigator should not in a rush to bestow main case to the court, it shall wait until all the investigation process have finishes due the short time that judge only have a week to finish the examination and decide the application.Index Term : Compensation, Legal Protection, Suspect, Defendant, Convicted.I. INTRODUCTIONThe Constutution of the Republik of Indonesia Year 1945 on the third amendment Year 2001 which is on article 1 point (3) asserted that Indonesia is a legal state (rechtstaat), and not based on power (machtsstaat). It means that each citizen must act as the existing law. Rechstaat concept have posited the human rights as one of the identity. There are two big tradition of legal opinion of the state in the world, which is the state of law under European Continental tradition and State law under Anglo Saxon which is called Rule of Law.Along together with those above, one of the scholar that often as referenced whne tall about state law (Rechtsstaat) under European Continental tradition is Friedrich Julius Stahl. on his view, Rechtsstaat is the restoration from the opinion from Immanuel Kant. According to him, there are four elements that must be have and became the characteristic of the state law, they are human rights (grondrechten); separation of power (scheiding van machten); The government based on the law (wetmatigheid van het bestuur); and administration court (administratieve rechtspraak).Those statement is along well with Hans Kelsen statement as mentioned by M. Hatta, that one of indication to be called state of law, like human rights (H. A. Mashyhur Effendi, 1994). For Indonesian Nation, the definition of human right protection is can be seen under the constitutional law of 1945 (Fourth amendment year 2002) on the article 28 A to article 28 J. While the article 28 D point (1) set that everyone have the right for recognition, guarantee, protection and justice legal certainty also equal treatment before the law. The protection of human right is described by the law under the constitutional 1945. One of the rules of law that have described human rights is law number Nomor 8 Tahun 1981 on Book of procedural criminal law.Declaration for principles of justice for the victim of crime and misused power on point B of the misused of power number 19 that mentioned “states must consider to involve it under national law of norms that forbid the misused of power” Spesifically, the restoration must be cover the restitution and/or the compensation, also supported on materiel, medical, psikology and social demand. Although in fact, is often the legal officer under conduct their duty have done the wrongful act as mentioned under the law, like the investigatior conduct the forceaful measures like arrested and accused which is not along with theprocedure that mentioned under the criminal law procedural or due to the error in Persona which is not that person who conductthe crime and get punishment.Case of example that well known to the error in persona is Sengkon and Karta cased that happened in. Court of Bekasiand high Court of Bandung have stipulated the Sengkon bin Yakin with punishment of 12 years of jail and Karta or known asKarung known as Encep bin Salam with the punishment of 7 years of jail due to assumed that proved to rob and kill Sulaimanbin Nasir and his wife Siti Haya binti Abu. While in other case, have proven that the robber and killer the couples of Sulaiman areGunel, Siih and warsita (Adami Chazawi, 2010). Another case is the case of the death of Marsinah, where nine of defendants wason jail for 5 months to 2 years, before proved ungulity by the supreme court and Mohammad Arif Budi who defendat as hold-upof taxi driver that was in jail for 166 days before released by the judge of the court in North Jakarta (Leden Marpaung, 1997).In the court of North Jakarta, Pre court application that applied by Hermin which advocated to O.C Kaligis. The applicantis brother from suspect Sudarto (almarhum) that have arrested on 25 April 1985 by the police officers from Resort of Police NorthJakarta with the reason that have involved in the stealing case with torture in the village of Mauk Tangerang on 24 April 1985.Under the arrested, the legal officers has not shown the letter of duty and didn’t give the letter of arrest to Sudarto and sent thecopy to his family. The applicant has applied in order the judge of pre court decide that the arrested was no legal andcompensated the lost around Rp. 3.000.000,- (3 millions rupiah). Morever, the judge decision stipulated that application wasrejected with the reason that suspected was caught under hand (O.C. Kaligis, 1997).According to those above, the issue of this research is the legal officer often to have the wrongful act in order to conductthe law, like to arrest and to accused of the suspect that not among with the criminal procedural law, error in persona, so need toget compensation for its lost.

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