TINDAK PIDANA MENGHALANGI PROSES HUKUM (OBSTRUCTION OF JUSTICE) OLEH APARAT KEPOLISIAN SEBAGAI BENTUK PELANGGARAN HAK ASASI MANUSIA

Abstract

This study examines the practice of obstructing the legal process, or Obstruction of Justice, which disrupts the investigative process within the criminal justice system, particularly in cases where this practice is carried out by police officers who abuse their authority by engaging in actions that constitute human rights violations. The case comparison focuses on the practice of Obstruction of Justice by police officers in the murder case of Brigadier J and the murder of a mother and child in Subang, which reflect disparities in the resolution mechanisms of these two cases. This study draws on theories of criminal law enforcement and human rights, employing qualitative methods and descriptive analysis based on a normative legal approach, specifically, a statutory approach and a case-based approach. The results of the study indicate that in addressing instances of Obstruction of Justice by police officers, cases must be resolved through both criminal and ethical mechanisms, as was the case in the murder of Brigadier J. However, in the case of the murder of a mother and child in Subang, to date the perpetrator has only been subject to an ethical process without being sentenced to criminal punishment. This indicates that in resolving cases of Obstruction of Justice by police officers, particularly those involving human rights violations, the criminal law enforcement process has not yet been fully implemented in a balanced and consistent manner.

Keywords: Criminal Law Enforcement, Human Rights, Police