THE RIGHTS OF THE SUSPECTS IN THE EVIDENCE SYSTEM: AN ANALYSIS OF THE FAIR TRIAL PRINCIPLE
Abstract
This study aims to analyze the regulation of suspects' rights in the evidentiary system according to Indonesian criminal procedure law, the application of the principle of fair trial in fulfilling these rights, and various obstacles and efforts in implementing it. The method used in this study is normative legal research with a statutory and conceptual approach based on the analyzed paper material. The results of the study indicate that the regulation of suspects' rights has been comprehensively accommodated in various national regulations such as the Criminal Procedure Code, the 1945 Constitution of the Republic of Indonesia, the Human Rights Law, and international instruments such as the ratified ICCPR. These rights include the presumption of innocence, the right to provide information freely without pressure, the right to legal assistance, and the right to present witnesses and mitigating evidence (a de charge). However, in practice, the implementation of the principle of fair trial still faces several crucial obstacles. These obstacles include the widespread practice of coercing confessions by law enforcement officers through intimidation or physical or psychological violence, limited access to legal aid by underprivileged communities and those in remote areas, low legal understanding of their rights when facing criminal proceedings, and acts of abuse of power during the investigation stage, such as arrests or detentions that do not comply with procedures. To overcome these obstacles, strategic and sustainable efforts are needed, including strengthening oversight mechanisms for law enforcement officers both internally and externally to enforce accountability, as well as optimizing the provision of legal aid through equitable distribution of advocates and expanding the budget for legal aid guarantees by the state. Strengthening the integration of a legal culture that respects human rights is crucial to realizing fair, transparent, and objective criminal justice in Indonesia
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