The Principle of Presumption of Innocence in Criminal Law Policy in Indonesia

Abstract

The legal principle of presumption of innocence is a legal principle that gives a person the right as a legal individual to be declared innocent until a court decision has permanent legal force. This legal principle is contained in the Undang-Undang Republik Indonesia Nomor 8 Tahun 1981 tentang Hukum Acara Pidana (Law of the Republic of Indonesia Number 8 of 1981 concerning Criminal Procedure Law, hereinafter referred to as “KUHAP”) and Undang-Undang Republik Indonesia Nomor 48 Tahun 2009 (Law of the Republic of Indonesia Number 48 of 2009, hereinafter referred to as “UU No. 48 Tahun 2009”). However, there are differences in the formulation, for example, in Article 14 Paragraph Two of the International Covenant on Civil Rights and Political Rights of 1966. The principle of presumption of innocence in this international covenant has the formulation “until proven guilty according to law”. The results of the study show that it is clearer that there is a formulation “until a court decision declares the error and obtains permanent legal force” in the KUHAP and UU No. 48 Tahun 2009 compared to the International Covenant on Civil and Political Rights of 1966.