Legal Reconstruction of Suspect Investigation Based on Pancasila Justice Values

Abstract

This research aims to analyze the weaknesses of the current regulations for examining suspects in Indonesia currently and to find the legal reconstruction for investigating suspects based on Pancasila values of justice. The research method used is sociological legal research or empirical legal research, using the constructivism paradigm. The approach method used in this research is social legal research. This research uses primary data and secondary data. Data collection techniques through literature study, interviews, and questionnaires. The collected data was analyzed qualitatively. The research results show that the weaknesses in the legal substance of the regulations regarding the examination of suspects, namely: the Criminal Procedure Code has not regulated the legal consequences of deviations from suspects' rights to be free to provide information about investigators and the results of investigations, the Criminal Procedure Code has not regulated supervision of investigators' actions, including in examining suspects, and the Criminal Procedure Code has not regulated alleged irregularities in the examination of suspects. as the object of pretrial examination. Weaknesses in the legal structure, namely weak supervision of investigative institutions over the investigation process, limited regional police institutions in providing free legal aid, and the absence of a police budget to provide interpreters and translators for suspects, and weaknesses in legal culture, namely violations of the rights of suspects. suspects' rights, investigative engineering, individual investigators involved in bribery, and investigators who do not understand local culture. Therefore, It is necessary to reconstruct the values of justice and norms in the regulations for examining suspects so that they are based on the Pancasila values of justice. The value of Pancasila justice, especially Principle 2 of Just and Civilized Humanity, must be reflected in the provisions for examining suspects so that suspects are truly made into subjects who have dignity and respect that must be respected by investigators and protected by the state. Meanwhile, the reconstruction of norms in the regulations for examining suspects so that they are based on Pancasila values of justice, namely improvements to Articles 52, 117, 77, 79, and Article 81 of the Criminal Procedure Code.