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| Illustration of Suspect (Photo: Dita Humas) |
The issue of wrongful arrest of suspects is currently a trending topic due to the emergence of the Vina murder case. In light of the uproar surrounding the case, Shinta Ayu Purnamawati, S.H., M.H., a lecturer in Law at Muhammadiyah University of Malang (UMM), explains that Indonesian citizens (WNI) who feel victimized by law enforcement or criminal acts can report to the Witness and Victim Protection Agency (LPSK).
Upon further examination, it must be acknowledged that the negligence of law enforcement authorities can result in human rights violations against innocent individuals. On the other hand, society must also consider the possibility of this negligence due to pressure from various parties at the time the case occurred, which required authorities to quickly apprehend and resolve the case.
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"With such pressure, our authorities may act recklessly in order to earn a 'good' reputation from the public for successfully apprehending the perpetrator," said Shinta.
From a legal standpoint, it is clear that wrongful arrest constitutes a significant violation. As a result of such errors, an innocent person may have to undergo imprisonment and be labeled as a criminal. While the state can easily restore the individual's reputation, the psychological pain and loss cannot be compensated. Moreover, such incidents can leave lasting scars and require extensive healing, even causing lifelong trauma.
"A victim of wrongful arrest constitutes a serious human rights violation and falls under the category of a grave crime. Therefore, victims have the right to demand accountability from law enforcement officials who wrongfully arrest them, as victims lose the right to life, property, dignity, freedom, equality, and knowledge," she explained.
According to the law, the aggrieved party must be provided with compensation and rehabilitation in accordance with the civil law system doctrine, a legal system that has developed in mainland Europe. This system emphasizes the use of written legal rules within its legal system. Claims for compensation can be made through pre-trial proceedings in district courts due to actions that cause harm during the investigation by the police, prosecution by the Attorney General's Office, and trial in court.
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"The state is responsible for victims of wrongful arrest because it upholds human rights. This is a fundamental right that must be protected and free from any form of threat or torture. Although the Criminal Code does not prescribe sanctions for investigators who wrongfully arrest individuals, it obligates these investigators to provide compensation and rehabilitation to victims of wrongful arrest," Shinta elaborated.
The concept of compensation in criminal cases is explained in Article 1 paragraph 22 of the Criminal Procedure Code (KUHAP), which states that compensation is the right of an individual to receive payment for their claim in the form of money due to being arrested, detained, prosecuted, or tried without legal basis or due to mistaken identity or misapplication of the law according to the procedures specified in the Criminal Procedure Code.
Referring to this, Shinta stated that individuals can report to the Witness and Victim Protection Agency (LPSK) for protection. However, many laypeople still do not understand about the LPSK. This is a state institution established to protect witnesses and victims of criminal acts, so that witnesses and victims can provide their testimony freely without facing physical or psychological threats from certain parties.
"In accordance with Law Number 31 of 2014 concerning amendments to Law Number 13 of 2006 concerning witness and victim protection, priority crimes for protection include serious human rights violations, corruption and money laundering crimes, terrorism, human trafficking, narcotics and psychotropic crimes, sexual crimes against children, and other crimes that put witnesses or victims in extremely dangerous situations such as torture, severe abuse, and sexual violence," she emphasized.
Requests for protection can be made on one's own initiative or at the request of authorized officials. In order to receive protection and assistance, there are several procedures and requirements that applicants must fulfill. Applicants can submit written requests by directly sending a letter of request to Jalan Raya Bogor Km. 24 Number 47-49 East Jakarta, DKI Jakarta 13750. Applicants can also submit requests online through various platforms provided by the LPSK.
Shinta also reminded that all parties must work together to care for their surroundings and avoid legal violations, including protecting witnesses and victims. "The synergy of society, government, and law enforcement agencies to mutually monitor and evaluate both the regulations, law enforcement, and the culture or customs in society is greatly needed," she concluded. (dit/wil/fajr)
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