Eksistensi Asas Praduga Tak Bersalah Ditinjau Dari Perbuatan Main Hakim Sendiri Oleh Masyarakat Terhadap Pelaku Tindak Pidana Pencurian Ternak Kerbau Di Wilayah Hukum Kepolisian Sektor Kampar

Arjuna Pradinata Manullang, Yoga (2022) Eksistensi Asas Praduga Tak Bersalah Ditinjau Dari Perbuatan Main Hakim Sendiri Oleh Masyarakat Terhadap Pelaku Tindak Pidana Pencurian Ternak Kerbau Di Wilayah Hukum Kepolisian Sektor Kampar. Other thesis, Universitas Islam Riau.

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Abstract

The principle of presumption of innocence implies that everyone who is suspected, arrested, detained, prosecuted and brought before a trial must be presumed innocent before a court decision states guilt and obtains permanent legal force. In essence, every citizen has an equal position before the law and receives legal protection and guarantees for human rights. However, in fact it is not uncommon to find deviations from the principle of presumption of innocence as there have been vigilante actions by the community against suspected perpetrators of the crime of theft so that in this case the alleged perpetrators have been terminated and tried first by the community before being brought before the court in accordance with provisions of the Criminal Procedure Code. Based on the background of writing this thesis, the subject of the researcher's discussion is how the existence of the Presumption of Innocence exists in the system of legal protection against perpetrators of criminal acts of theft of buffalo cattle and what are the obstacles for law enforcement in efforts to prevent vigilante acts against perpetrators of theft buffalo cattle. Referring to the formulation of the problem, this research will use the survey method or in other words the researcher will conduct direct research in the field with interviews as a data collection tool to obtain a definite description related to the existence of the presumption of innocence and the constraints of law enforcement in an effort to prevent acts of vigilante. Based on the results of the research that the authors obtained, the existence of the principle of presumption of innocence in the legal protection system for the perpetrators of theft is still not optimal, such as legal protection in the form of assistance and care for the perpetrators of theft which were rampaged by the masses resulting in injuries to the death of the perpetrators and compensation ( restitution) for the victim's car which was set on fire by the perpetrators of the vigilante act. Obstacles faced by law enforcers in efforts to prevent the occurrence of vigilante acts are caused by a lack of legal awareness in society and delays in law enforcement agencies obtaining information on incidents. Then to prevent the incident from happening again, firstly the police conduct legal counseling to the public about the understanding that vigilante acts are against the law, secondly coordinate between the community, village officials and the police when they receive information about an alleged crime. Third conduct active patrols in areas prone to criminal acts / early detection, fourth take action against perpetrators of vigilante acts.

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