Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)

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The Phenomenon of Wrongful Arrests by Law Enforcement Officers in Indonesia Related to the Code of Criminal Procedure (KUHAP) Reviewed from the Theory of Legal Effectiveness

Authors
Yohanes Osa Hamara1, *
1Student of Doctoral Program, Faculty of Law, Universitas Jenderal Soedirman, Purwokerto, Indonesia
*Corresponding author. Email: yohanesosa96@gmail.com
Corresponding Author
Yohanes Osa Hamara
Available Online 21 December 2023.
DOI
10.2991/978-2-38476-164-7_21How to use a DOI?
Keywords
Pretrial; Wrongful Arrest; Use of Force
Abstract

In carrying out coercive procedures, sometimes law enforcement officials make mistakes, one of which is wrong in making arrests of suspects. This constitutes a violation of human rights; therefore, suspects can sue for redress and rehabilitation through pretrial. This study raises the problem of how the mechanism in criminal law enforcement in Indonesia related to the Criminal Procedure Code (KUHAP) in the arrest process is viewed from the theory of legal effectiveness, and what are the allegations that cause arrest errors can occur mall-administration in criminal legal processes. The purpose of the research in this article is to further examine the mechanism of criminal law enforcement in Indonesia related to the Criminal Procedure Code (KUHAP) in the arrest process, find out what allegations that cause arrest errors can occur mall-administration in criminal law proceedings. This research uses normative juridical research methods and literature studies. Based on the results of the study, it shows that the phenomenon of wrongful arrest has an impact on the ineffectiveness of criminal law enforcement in Indonesia, because it presents legal problems in the legal structure, legal substance and legal culture.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 December 2023
ISBN
978-2-38476-164-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-164-7_21How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Yohanes Osa Hamara
PY  - 2023
DA  - 2023/12/21
TI  - The Phenomenon of Wrongful Arrests by Law Enforcement Officers in Indonesia Related to the Code of Criminal Procedure (KUHAP) Reviewed from the Theory of Legal Effectiveness
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 219
EP  - 232
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_21
DO  - 10.2991/978-2-38476-164-7_21
ID  - Hamara2023
ER  -