√ Understanding the principle of presumption of innocence in law
Understanding the Principle of Presumption of Innocence (Presumption of Innocent) Law – In this discussion As far as I know. Com will explain the Principle of Presumption of Innocence. We often hear about the principle of presumption of innocence in the news regarding a legal case or someone's actions.
Understanding the Principle of Presumption of Innocence (Presumption of Innocent) Law
This principle exists because there is something behind it, namely individualistic-liberalistic thinking that emerged from the mid-19th century until now. Read more below.
Understanding the Principle of Presumption of Innocence
The principle of presumption of innocence or presumption of innocence is a principle according to which a person is suspected/deemed innocent until the court pronounces a statement of guilt. The legal principle of presumption of innocence has existed since the 11th century in the legal system Common Law in England in Bill of Rights. This principle emerged because of the background of individualistic-liberalistic thinking which developed at that time in the mid-19th century.
In the criminal justice system (Criminal Justice System), according to the legal system Common Law, this legal principle is the main requirement in determining that a process has taken place honestly, fairly and impartially (due process of law)
The principle of presumption of innocence is regulated in the Criminal Procedure Code (KUHAP) and Law no. 48 of 2009 concerning Judicial Power (Judicial Power Law)
In the Criminal Procedure Code, this principle is explained in the General Explanation of the Criminal Procedure Code (KUHAP) in point 3 letter c which reads as follows:
"Every person who is suspected, arrested, detained, charged and/or brought before a court, must considered innocent until a court decision confirms his guilt and obtains legal force still."
Then in Law no. 48 of 2009 concerning Judicial Power (Judicial Power Law) this principle is stated in article 8 Paragraph (1) which reads as follows:
“Everyone who is suspected, arrested, detained, charged, or brought before a court must be considered innocent before a court decision declares his guilt and has legal force still."
The presumption of innocence is a principle according to which a person must be considered innocent or not yet guilty until the court finds the person guilty.
This principle is very important in modern democracy. Press coverage can be said to violate the principle of the presumption of innocence if it makes the judgment that someone is involved or guilty of committing a criminal act, even though there is no evidence from a court decision that has legal force still.
So it can be concluded that we must assume someone is innocent until the court finds him guilty. The principle of presumption of innocence is defined as a principle that provides a statement that someone is guilty The suspect cannot be said to be guilty until there is a decision from a court that has law still.
The principle of presumption of innocence is an important and main requirement in a country that adheres to due process of law like Indonesia. In order to create justice that is honest, fair, impartial.
However, in fact, this principle is not implemented well but is often violated and misused. There are many law enforcers who, when someone has not yet achieved good status as a suspect and has not been proven guilty, are beaten and hurt without any real reason.
This is a violation of principles and human rights. This will give a bad impression of the performance of law enforcement officials in Indonesia.
Thus has been explained about Understanding the Principle of Presumption of Innocence (Presumption of Innocent) Law, hopefully it can increase your insight and knowledge. Thank you for visiting and don't forget to read other articles.
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