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

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.