Judge's Considerations for Victims of Wrongful Arrest from the Perspective of Criminal Law
Abstract
Law is a control of social control in society or can also be called a Tool of Social Control, which has a function in the law itself as a tool that contains these rules, values and norms. In the realm of law, there are times when there are errors or mistakes in the implementation and application of sanctions, resulting in the term wrongful arrest resulting in the victim or person suffering losses both in terms of material and immaterial losses which are guaranteed and stated in Article 1 paragraph 23 and Article 95 paragraph 1 Criminal Code. There needs to be supervision of investigations in terms of determining a suspect so that it can be analyzed how a law enforcement process can lead to errors or mistakes by law enforcement officials. Victims are greatly harmed by errors or oversights in the process of determining the suspect, in this case the author aims to find out how the concept of compensation is seen from the perspective of the Criminal Code as well as legal protection for victims of wrongful arrest using a Normative approach or method. According to the author, legal efforts are still being made by the victim or someone who feels their rights have been harmed by this process. The purpose of the formation of the law itself is the realization of justice, certainty and benefits for citizens. It can be concluded that there are errors or mistakes in the application of a legal rule, that these errors do not only originate from a suspect or defendant, but can also originate from errors or mistakes made by the law enforcement officials themselves. The author hopes that law enforcement officials will be more careful in handling legal cases in the future and that there will be no more cases of victims being wrongly arrested.