The Definition of Presumption of Innocence

PERTANYAAN

I would like to ask about the meaning and theories of the presumption of innocence and what websites or books can answer these questions. Thank you.

INTISARI JAWABAN

The meaning of presumption of innocence is that everyone must be presumed innocent until a court decision is made.

This principle is regulated in the Criminal Procedure Code and the Judicial Authority Law, and is also found in the Human Rights Law. How do the provisions read?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Arti Asas Praduga Tak Bersalah, written by Dian Dwi Jayanti, S.H. and was published on Monday, 15 May 2023.

This article is an update of the article entitled About Presumption of Innocence written by Letezia Tobing, S.H., M.Kn. and was first published on Tuesday, 26 March 2013.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

The article on the presumption of innocence is regulated by the Criminal Procedure Code and the Judicial Authority Law. In the Criminal Procedure Code, the presumption of innocence is explained in General Elucidation number 3 letter c of Criminal Procedure Code, namely:

Every person who is suspected, arrested, detained, prosecuted, and/or brought before a court session, shall be presumed innocent until a court decision declaring his/her guilt and obtaining permanent legal force.

Furthermore, the article on the presumption of innocence is regulated in Article 8 section (1) Judicial Authority Law, which reads:

Any person who is suspected, arrested, detained, prosecuted, or brought before the court must be considered innocent before any court decision which declared his guilt and has obtained permanent legal force.

In addition, the Human Rights Law also explains this principle in Article 18 section (1) Human Rights Law, which reads:

Every person who is arrested, detained, or prosecuted on suspicion of committing a criminal offense has the right to be presumed innocent, until his guilt is proven legally in a court session and given all legal guarantees necessary for his defense, in accordance with statutory regulations.

Based on the above provisions, answering your question, the meaning of the presumption of innocence is that everyone must be considered innocent until a court decision is made.

One of the books that discuss the presumption of innocence is Pembahasan Permasalahan Dan Penerapan KUHAP Penyidikan Dan Penuntutan written by M. Yahya Harahap. In the book, regarding the application of the presumption of innocence, Yahya Harahap is of the opinion (p. 34):

The suspect must be placed in the position of a human being who has the essence of dignity, he must be considered as a subject, not an object. What is examined is not the human suspect but the criminal act committed by him which is the object of examination or towards the wrongdoing of the criminal act committed by him, the examination is directed. The suspect must be considered innocent, in accordance with the principle of presumption of innocence until a final court decision is obtained.

Continuing the above statement, M. Yahya Harahap stated that the purpose of the presumption of innocence in the criminal justice system is to provide guidance to law enforcers to use the principle of accusation which places the position of the suspect or defendant in every examination as a subject, therefore the suspect or defendant must be seated and treated in the position of a human being who has dignity and self-respect. Law enforcement officials must refrain from inquisitorial examination methods that place suspects or defendants as objects that can be treated arbitrarily.[1]

Then, in the article The Principle of Presumption of Innocence Cannot Be Interpreted Letterlijk, Andi Hamzah is of the opinion that the principle of presumption of innocence cannot be interpreted letterlijk (what is written). According to him, if the principle is interpreted letterlijk, then the police task will not be able to run. Andi believes that the presumption of innocence means that the suspect's rights as a human being are given. The rights he is referring to include marriage and divorce, participating in elections, and so on.

The principle of presumption of innocence has also been discussed by Romli Atmasasmita in an article entitled The Logic of Law of the Presumption of Innocence: A Reaction to the Individualistic Paradigm.

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Criminal Procedure Code;
2. Law Number 39 of 1999 on Human Rights;
3. Law Number 48 of 2009 on Judicial Authority.

Reference:

1. M. Yahya Harahap.  Pembahasan Permasalahan Dan Penerapan KUHAP Penyidikan Dan Penuntutan. Jakarta: Sinar Grafika, 2006.
2. Nurhasan. Keberadaan Asas Praduga Tak Bersalah pada Proses Peradilan Pidana: Kajian. Jurnal Ilmiah Universitas Batanghari Jambi, Vol. 17 No.3, 2017.

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[1] Nurhasan. Keberadaan Asas Praduga Tak Bersalah pada Proses Peradilan Pidana: Kajian. Jurnal Ilmiah Universitas Batanghari Jambi, Vol.17 No.3, 2017, p. 208.