A Legal Analysis of The Use of Physical Violence by The Police during The Investigation Process of Alleged Criminal Offenders

Abstract

One of the most serious forms of violence occurring within the legal domain is the use of physical violence by police officers during investigations, particularly when a suspect has been identified as allegedly responsible for a criminal offense. Such violence is often justified by the absence of a confession deemed incompatible with the investigator’s expectations in uncovering the case. This study employs a normative juridical approach and uses descriptive research methods. Regarding criminal investigations, the police hold the authority to initiate and terminate the investigation process. Based on Article 1 point (2) of the Indonesian Criminal Procedure Code (KUHAP), the author holds the perspective that investigation is an activity carried out by investigators to identify suspects and to either revoke the suspect status or proceed to prosecution through observational and analytical methods. In the investigative process, legal protection for suspects who experience acts of violence by rogue investigators includes the right to legal assistance and the right to file a pretrial motion (as stipulated in Article 77 of the Criminal Procedure Code). In terms of law enforcement, the police have the authority to take pre-emptive, preventive, and repressive legal actions against investigators who commit acts of physical violence during the investigation process.