The Rights of Suspect as the Realization of the Presumption of Innocence Principle in the Inspection Process at Investigation Level (North Kolaka Resort Police Case Study)
1Arling 2Yahyanto 3Irabiah
This study aims to gain knowledge about the rights of suspects who are protected in the investigation level investigation. As well as knowing how much of the barriers that occur in the implementation of the rights of the suspect. In addition, the writing of this law also aims to qualify as determined in obtaining a bachelor’s degree (Strata One) at the Faculty of Law of the University of Sembilanbelas November Kolaka. This research was conducted in Lasusua District, North Kolaka Regency. This study is the scope of empirical research, and seen from its nature is descriptive. The location of this research in North Kolaka Police. The type of data used is primary data and secondary data. Sources of data were obtained through literature study and information obtained through data available at North Kolaka Police Station and Interview with resource persons in North Kolaka Police. Data collection techniques used are literature study and interview.
Based on the results of research conducted, it can be seen that who has the most important role in the implementation of the rights of suspects in the examination process at the investigation level is the investigator, because in the investigation process of the investigator who rules and regulate the course of the examination, while the suspect only follow the process with only a feeling of fear because he feels guilty, so investigators can easily suppress the suspect.
In the implementation of the rights of the suspect, there are several obstacles, among others, barriers arising from the suspect that is the lack of knowledge of the rights owned by the suspect, the frequent suspects provide convoluted information and the suspect did not show a cooperative attitude. While the obstacles that emerged from the investigators occurred due to lack of professionalism carried out in the investigation, the investigator only hunted the time without respecting the rights of suspects and made the pressure to get recognition from the suspect.
Keywords: Suspect Rights, Principle of Guilty Not Guilty (Presumption of Innocence), Investigation.