Suntara Jaya Kwangtama Tekayadi

Abstract: The principle of presumption of innocence is a norm or rule that contains provisions that must be enforced by law enforcement officers to treat suspects or defendants as well as innocent people. Terrorist cases are one of the most vulnerable to violations of the principle of presumption of innocence in the judicial process. This study aims to find out how the procedure of handling terrorism cases in Indonesia, how to apply the principle of presumption of innocence in the criminal justice process of terrorism, and what are the legal consequences of violating the principle of presumption of innocence in the process of criminal justice of terrorism. This research is a normative empirical research. Then analyzed by using descriptive qualitative method. The results of the research indicate that the procedures for handling terrorism crime cases in accordance with Law Number 15 Year 2003 must be executed by the State institutions granted authority with full sense of responsibility and seriousness, that there is still an understanding of law enforcers if the principle of presumption of innocence means not guilty in the true sense that they always see their law enforcers as guilty. The legal consequences for violation of the principle have not been clearly stipulated in the provisions, unless unlawful involuntary attempts may be filed with a pre-trial lawsuit.

Keywords: effectiveness, presumption of innocence 

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