Taharudin

Abstract:

The problem of wrongly arrested by investigator in this case the police is still interesting thing to be studied. This is related with the provision of wrongly arrested by the police in occurrence of Error in Persona in Indonesia and the accountability of police investigator in case of Error in Persona according to the regulations in Indonesia.

This research uses a normative juridical approach. Normative research is conducted on the theoretical matters of the principle of law.

Based on the result of research and discussion it can be seen that the provision of the arresting (Error in Persona) by investigators in positive law is regulated in the law no. 48 of 2009 about Judicial Power. The accountability of investigator against the occurrence of wrongly arrested of error in persona under the Criminal Procedure Code (KUHP), divided into two ; Material Responsibility, and Immaterial Responsibility.

Based on the explanation above then the author’s suggestion is : regulations should contain a strict sanction for investigators (police) in order not to wrong victim catch; and an amendment of Law. No 2 of 2002 about Indonesian National Police shall be made, to affirm the wrongly arrest by the investigator (police) is part of the conception of violation.

Keywords: error in persona, police, legal liability, positive law

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