Republic of Indonesia is a State law which is based on Pancasila and the
Constitution of 1945. The state also uphold human rights and ensure equality of
citizens before the law and the goverment must uphold the rule of law and without
exception. The probe is one of the police authority in the enforcement of criminal
law. These things will go better if in the implementation based on the principle
of Presumption of Innocence. The purpose of this legal writing is to know
the implementation of the Principle of Presumption of Innocence in the Criminal
Investigation Process and to determine the factors that hinder the implementation of
the principle of presumption of innocence in the process of investigation. In
writing this law using the methods of empirical legal research, which this
study focuses on the behavior of the legal community. The research
was carried directly to the main respondent as the data is backed up by secondary
data consisting of primary materials and secondary materials. The results of
this law is that in practice the principle of presumption of innocence has not
been completely worked well, due to the persistence of acts of violence
by police against suspects. in practice also encountered obstacles among others
came from within the police institution is the arrogance of the police action, while
the outer barrier of the attitude of the police force suspects
or witnesses are uncooperative and unwilling to give correct information,
of legislation doesn’t provide a clear arrangement and strict sanctions.