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VOL. 6, ISSUE 1 (2024)
The criminal procedure Law’s revitalization of restitution right for the acquitted accused
Authors
Muhammad Rafi, Mohd Din, Yusri
Abstract
Indonesian Criminal Procedure Act (KUHAP), which is founded on the
principle of upholding human rights, a citizen who has had their rights taken
away by law enforcement is entitled to receive compensation as outlined in
Article 95 (1) of the Act. This provision allows a dismissed accused individual
to seek compensation if they have been arrested, detained, prosecuted, or
tried, provided that there is evidence of misconduct related to their person or
the application of the law. Normative jurisprudence refers to the legal
framework based on written laws and regulations, or the notion of law as a
standard for acceptable human conduct. This paper aims to elucidate the legal
process of reviving the claim for damages for individuals who have been
acquitted. The conclusion that can be drawn from the above arguments is that
the problem can be addressed by implementing the Supreme Court Regulations
(PERMA). This approach requires judges to regulate the affirmation that the law
applies to the examination of claims for damages when the accused is dismissed
before trial. It also ensures that torture is swiftly addressed, losses are
proven using a simple and formal approach, damages are calculated uniformly and
fairly, and the opposition party is definitively withdrawn as the subject.
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Pages:27-31
How to cite this article:
Muhammad Rafi, Mohd Din, Yusri "The criminal procedure Law’s revitalization of restitution right for the acquitted accused". International Journal of Law, Policy and Social Review, Vol 6, Issue 1, 2024, Pages 27-31
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