Problematika Penerapan Kebijakan Rehabilitasi Dan Kompensasi Terhadap Narapidana Korban Salah Tangkap Dalam Perspektif Hak Asasi Manusia

Abstract

Negligence in the process of law enforcement in Indonesia causes an innocent person to be guilty, resulting in the loss of human rights to the convicted victim of wrongful arrest. In the event of restoring these rights, the State has an obligation to be responsible by providing rehabilitation and compensation policies to inmates of mis-arrest victims stipulated in Article 95 to Article 97 of the Criminal Code and PP RI No. 27 of 1983 as amended by PP RI No. 92 of 2015. This paper used normative juridical law research methods with literature studies and legal approaches as well as concept approaches. This discussion resulted in an analysis of the practice of providing rehabilitation and compensation policies, which the State still could not realize to the maximum, because it has a difficult and time-consuming process. So that the human rights of prisoners wrongfully arrested victims can not be met thoroughly even though the legislation is good and clearly reflects the values of Human Rights made as a form of state rights of prisoners wrongfully arrested victims can not be met thoroughly even though the legislation is good and clearly reflects the values of Human Rights made as a form of state responsibility for legal failures caused by negligence of law enforcement personnel. In granting the compensation policy, Indonesia can follow The Netherlands in the form of legal transparency related to cases of misapproanation and the performance of law enforcement officers, as well as related to the period of application for compensation. Then Indonesia can also follow Japan in terms of the process of disbursement of compensation funds quickly, cash, and directly.