Javascript must be enabled to continue!
Search According to Criminal Procedure Law From a Human Rights Perspective
View through CrossRef
Searches are one of the coercive measures in criminal procedure law that often cause a dilemma between the interests of law enforcement and the protection of human rights (HAM). In the criminal justice process, searches carried out by law enforcement officers are often considered a threat to privacy and individual freedom. As part of coercive measures, searches can only be carried out under certain conditions and must comply with applicable legal procedures so as not to violate a person's basic rights. Therefore, it is important to review the implementation of searches in criminal procedure law from a human rights perspective to ensure that this action is not excessive and still respects individual rights. This study uses a normative legal research method, which involves a regulatory approach and analysis of human rights principles in the context of conducting searches. The main data sources consist of national legal regulations governing searches, international human rights instruments, and relevant court decisions as analysis materials. Data collection was carried out through literature studies and analyzed descriptively qualitatively to understand the extent to which criminal procedure law in Indonesia is in accordance with human rights principles in conducting searches. The results of the study show that although criminal procedure law in Indonesia has regulated searches, in practice there are often deviations that have the potential to violate human rights. Several problems, such as the lack of transparency in search procedures and weak supervision of the actions of law enforcement officers, are the main focus of this study. This discussion emphasizes the importance of revising regulations and strengthening oversight mechanisms to prevent human rights violations in the search process and ensure protection of the right to privacy and individual freedom.
Title: Search According to Criminal Procedure Law From a Human Rights Perspective
Description:
Searches are one of the coercive measures in criminal procedure law that often cause a dilemma between the interests of law enforcement and the protection of human rights (HAM).
In the criminal justice process, searches carried out by law enforcement officers are often considered a threat to privacy and individual freedom.
As part of coercive measures, searches can only be carried out under certain conditions and must comply with applicable legal procedures so as not to violate a person's basic rights.
Therefore, it is important to review the implementation of searches in criminal procedure law from a human rights perspective to ensure that this action is not excessive and still respects individual rights.
This study uses a normative legal research method, which involves a regulatory approach and analysis of human rights principles in the context of conducting searches.
The main data sources consist of national legal regulations governing searches, international human rights instruments, and relevant court decisions as analysis materials.
Data collection was carried out through literature studies and analyzed descriptively qualitatively to understand the extent to which criminal procedure law in Indonesia is in accordance with human rights principles in conducting searches.
The results of the study show that although criminal procedure law in Indonesia has regulated searches, in practice there are often deviations that have the potential to violate human rights.
Several problems, such as the lack of transparency in search procedures and weak supervision of the actions of law enforcement officers, are the main focus of this study.
This discussion emphasizes the importance of revising regulations and strengthening oversight mechanisms to prevent human rights violations in the search process and ensure protection of the right to privacy and individual freedom.
.
Related Results
On the Status of Rights
On the Status of Rights
Photo by Patrick Tomasso on Unsplash
ABSTRACT
In cases where the law conflicts with bioethics, the status of rights must be determined to resolve some of the tensions. ...
Autonomy on Trial
Autonomy on Trial
Photo by CHUTTERSNAP on Unsplash
Abstract
This paper critically examines how US bioethics and health law conceptualize patient autonomy, contrasting the rights-based, individualist...
Bioethics-CSR Divide
Bioethics-CSR Divide
Photo by Sean Pollock on Unsplash
ABSTRACT
Bioethics and Corporate Social Responsibility (CSR) were born out of similar concerns, such as the reaction to scandal and the restraint ...
Re Application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland); Reference by Court of Appeal in Northern Ireland Pursuant to Paragraph 33 of Schedule 10 to the Northern Ireland Act 1998 (Abortion) (Northern Ireland)
Re Application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland); Reference by Court of Appeal in Northern Ireland Pursuant to Paragraph 33 of Schedule 10 to the Northern Ireland Act 1998 (Abortion) (Northern Ireland)
531Human rights — Rights of women in Northern Ireland — Pregnant women and girls — Autonomy and bodily integrity — Right to respect for private and family life — Rights of persons ...
THE EXISTENCE OF CRIMINAL LAW IN NATIONAL CRIMINAL LAW REFORM
THE EXISTENCE OF CRIMINAL LAW IN NATIONAL CRIMINAL LAW REFORM
The problem of reforming criminal law is one of the impo important issues that need in all its aspects in connection with efforts to reform criminal law in our country. It is said ...
Regina (Keyu) and Others v. Secretary of State for Foreign and Commonwealth Affairs and Another
Regina (Keyu) and Others v. Secretary of State for Foreign and Commonwealth Affairs and Another
Relationship of international law and municipal law — Treaties — Effect in municipal law — European Convention on Human Rights, 1950 — Article 2 of Convention — Human Rights Act 19...
A Review of the Constitutional Court's Use of International Human Rights Norms
A Review of the Constitutional Court's Use of International Human Rights Norms
Since the World War, international cooperation has been made to preserve the peace and interests of the human community, and representative results include the creation of internat...
China's Practices in Human Rights
China's Practices in Human Rights
Human rights used to be a sensitive topic in China. Before 1991, the Chinese government rarely took the initiative to participate in the formulation of international human rights r...

