Constraints in Implementing the Principle of Accusing

Oct 13, 2025 by wbrum.org 41 views

The principle of accusing is a fundamental principle in the legal system that upholds individual rights, including the rights of the suspect in the investigation process. At the Dairi Police Station, the implementation of this principle is faced with various challenges that influence the effectiveness of its application in investigating criminal acts. This thesis entitled "Implementation of the Principle of Accusing by the National Police in Investigating Crimes at the Dairi Regional Police" discusses the position of this principle, its implementation in the field, as well as the obstacles faced by the investigator.

The principle of accusing emphasizes the importance of human treatment of the suspect, which should be treated as a subject, not the object of examination. In this context, investigators are expected to respect the dignity and dignity of the suspect during the investigation process. However, the results show that the application of this principle is still far from ideal. There are a number of cases of violence by investigators against suspects and violations of the rights of suspects that continue to occur.

Constraints in Implementing the Principle of Accusing

This study uses an empirical method with a legislation and sociological approach to identify problems in the application of the principle of accusing. One of the main obstacles is the unprofessional attitude of several investigators. This uncertainty can lead to actions that are contrary to the principle of accusing, such as the use of violence in obtaining information.

In addition, in practice, investigators often face difficult situations when trying to get information from the suspect. Some suspects chose not to speak, claimed to be sick, or provide inconsistent information. These situations can trigger investigators to behave repressively as an effort to "force" the suspect to speak. This creates an adverse cycle, where violations of rights continue to occur due to the wrong approach.

Supervision and Professionalism in Investigation

In addition, the existence of investigators' supervisors is often unable to carry out effective control functions. This is caused by the perception that they are coworkers, which resulted in supervision to be not optimal. Without strict and independent supervision, violations of the principle of accusing tend to last longer, resulting in an increase in public distrust of police institutions.

Recommendations for Increasing the Application of the Principle of Accusing

Suggestions submitted in this study include the need to increase professionalism among investigators. They need to be given training and in-depth understanding of the importance of the principle of accusing and the rights of the suspect. A more innovative approach in exploring information is also highly recommended, so that investigators no longer resort in ways that violate human rights.

The Importance of Implementing the Principle of Accusing

The good implementation of the principle of accusing will increase public confidence in the legal system and law enforcement in Indonesia. It will also create a more balanced justice system, where the rights of the suspect are respected and protected. In addition, the implementation of this principle will also reduce the number of cases of violence and violations of human rights by investigators.

Challenges in Implementing the Principle of Accusing

Despite the importance of implementing the principle of accusing, there are several challenges that need to be addressed. One of the main challenges is the lack of awareness among investigators about the importance of this principle. In addition, the lack of training and resources also hinders the effective implementation of this principle.

Conclusion

In conclusion, the implementation of the principle of accusing by the National Police in investigating criminal acts at the Dairi Police Station is still far from ideal. There are several challenges that need to be addressed, including the lack of awareness among investigators and the lack of training and resources. However, with the right approach and support, it is possible to increase the application of this principle and create a more balanced justice system.

Recommendations for Future Research

Future research should focus on identifying the root causes of the challenges faced by investigators in implementing the principle of accusing. In addition, research should also focus on developing effective strategies for increasing awareness and training among investigators. By addressing these challenges, it is possible to create a more effective and balanced justice system.

Limitations of the Study

This study has several limitations, including the small sample size and the limited scope of the research. In addition, the study also relies on secondary data, which may not be comprehensive or up-to-date. Despite these limitations, the study provides valuable insights into the challenges faced by investigators in implementing the principle of accusing.

Future Directions

Future research should focus on developing effective strategies for increasing awareness and training among investigators. In addition, research should also focus on identifying the root causes of the challenges faced by investigators in implementing the principle of accusing. By addressing these challenges, it is possible to create a more effective and balanced justice system.

Conclusion

References

[1] National Police of Indonesia. (2020). Guidelines for Investigating Crimes.
[2] Dairi Regional Police. (2020). Annual Report 2020.
[3] Human Rights Watch. (2020). Indonesia: Police Violence Against Suspects.

Appendix

[1] Questionnaire used in the study
[2] Interview schedule used in the study
[3] Data analysis procedures used in the study

The implementation of the principle of accusing by the National Police in investigating criminal acts at the Dairi Police Station is a complex issue that has raised several questions and concerns. In this article, we will address some of the frequently asked questions (FAQs) about this issue.

Q: What is the principle of accusing?

A: The principle of accusing is a fundamental principle in the legal system that upholds individual rights, including the rights of the suspect in the investigation process. It emphasizes the importance of human treatment of the suspect, which should be treated as a subject, not the object of examination.

Q: Why is the principle of accusing important?

A: The principle of accusing is important because it ensures that the rights of the suspect are respected and protected during the investigation process. It also helps to prevent violence and threats of violence against suspects, which can lead to miscarriages of justice.

Q: What are the challenges in implementing the principle of accusing?

A: The challenges in implementing the principle of accusing include the lack of awareness among investigators about the importance of this principle, the lack of training and resources, and the perception that investigators are coworkers, which can lead to ineffective supervision.

Q: How can the principle of accusing be implemented effectively?

A: The principle of accusing can be implemented effectively by increasing awareness among investigators about the importance of this principle, providing training and resources, and establishing a system of effective supervision.

Q: What are the consequences of not implementing the principle of accusing?

A: The consequences of not implementing the principle of accusing include the risk of violence and threats of violence against suspects, miscarriages of justice, and a loss of public confidence in the legal system and law enforcement.

Q: How can the public support the implementation of the principle of accusing?

A: The public can support the implementation of the principle of accusing by raising awareness about the importance of this principle, advocating for the provision of training and resources, and holding law enforcement agencies accountable for their actions.

Q: What is the role of the National Police in implementing the principle of accusing?

A: The National Police has a critical role in implementing the principle of accusing by providing training and resources, establishing a system of effective supervision, and holding investigators accountable for their actions.

Q: How can the principle of accusing be monitored and evaluated?

A: The principle of accusing can be monitored and evaluated by establishing a system of regular monitoring and evaluation, conducting regular audits, and gathering feedback from the public and other stakeholders.

Q: What are the benefits of implementing the principle of accusing?

A: The benefits of implementing the principle of accusing include the prevention of violence and threats of violence against suspects, the protection of the rights of suspects, and the promotion of public confidence in the legal system and law enforcement.

Q: How can the principle of accusing be integrated into the existing legal framework?

A: The principle of accusing can be integrated into the existing legal framework by amending laws and regulations, establishing new policies and procedures, and providing training and resources for law enforcement agencies.

Q: What are the next steps in implementing the principle of accusing?

A: The next steps in implementing the principle of accusing include increasing awareness among investigators, providing training and resources, and establishing a system of effective supervision.