Evaluating the Convergence in International Human Rights and Criminal Procedures Law: An Indonesian case study
Abstract:
Criminal law and investigation play a crucial role in preserving public order. They are vital for promoting public safety, justice, impartial trials, and punishing criminals. Due to the prevalence of criminal activities around the globe, it has become essential to develop and implement an effective legal framework to protect human rights during criminal investigations. The "International Human Rights Law" (IHRL) effectively imposes legal punishments and promotes the equitable treatment of defendants during this procedure. IHRL and "Indonesian Criminal Procedural Law" (ICPL) share several similarities in promoting human rights protection during criminal investigations. Thus, the current study concentrates on the convergence analysis between IHRL and ICPL regarding human rights concerns in criminal law and investigation. Qualitative legal research was conducted to achieve this objective, and data was compiled from various primary and secondary sources. This study's findings demonstrated that ICPL and IHRL promote human rights protection during criminal investigations by granting defendants the right to legal representation. Additionally, these laws are effective in averting discrimination during the criminal procedure. Nonetheless, the "new Indonesian Criminal Code" (KUHP) has primarily promoted discrimination against religious minorities and other associated individuals, which can also impact criminal investigations. In addition, no lawful detention period is observed under the ICPL, which affects the defendant's human rights protection contrary to IHRL. Important recommendations have also been made to enhance the preservation of human rights in ICPL-governed criminal investigations. To this end, a comprehensive law can be drafted prohibiting torture during criminal investigations. This study has both theoretical and practical implications.
Keyword:
International Human Rights Law; Indonesian Criminal Procedural Law; Human Rights; Criminal Legislation; Criminal Investigation