PENANGKAPAN PELAKU TINDAK PIDANA PENCURIAN DENGAN KEKERASAN DITINJAU DARI ASAS PRADUGA TAK BERSALAH

Implementation and enforcement of the legal process in Indonesia is not too perfect.
The main focus is not on legal systems and products, but on law enforcement. The commitment
of the general public to uphold the law is weak. The application of law and its implementation
are not in accordance with the basic principles of justice and fairness. In this regard, there
have been many deficiencies since the issuance of Law No. 8 of 1981 concerning the Criminal
Procedure Code, which is the procedure for administering or drafting the law enforcement
regulations. This law has not been able to accommodate the hopes of justice seekers, especially
regarding the application of the Presumption of Innocence which is a legal principle that takes
place in criminal proceedings. In this case, the principle of presumption of innocence is the
most effective sentence of the criminal justice procedural guidelines (APTB). Juridical-
normative research has been used in this type of research. Secondary legal data which is the
material of normative-juridical research. Normative legal research is legal research by
studying, researching, so that it can look for legal issues or to solve existing problems.
According to Soerjono Soekanto, normative legal studies have experienced several changes in
the context of law as a scientific discipline that explains how to identify law from legal
principles and its systematics. then using the type of qualitative research method, namely the
existing data is made into words and sentences. This qualitative data examines the method of
deductive thinking, namely patterns of thinking that are fundamental to things that are general
in nature, then specific conclusions are drawn. In the case that occurred, of course, the
sentence imposed was in accordance with the crime of theft with violence which was regulated
in Article 365 of the Criminal Code. In accordance with the principle of a crime without fault
(geen straaf zonder schuld). Based on the description of the discussion above, the research
concluded several things as 1. In the case of an arrest for the crime of theft with violence,
basically the suspect/defendant still has human rights, namely not to be considered guilty until
finally proven guilty. 2. The arrest of the crime of theft with violence must be accompanied by
an Arrest Warrant (SPP). commit a crime based on sufficient preliminary evidence,
instructions, statements of the accused. Basically, anyone can make an arrest, provided that
they are caught red-handed.