Every human since they was born has basic rights, i.e. basis rights of which
are attached to every individual. This basic right becomes the fundamental to every
people to have mutual respect and regard of the right of equal human in having social
life. In socialization life in society often emerges social conflicts of which bring into
legal case. This matter needs law of which can behaves as rule and be conducted such
has been established in Civil Code in every implementation of given legal case in
society.
Process of suit in its relationship to the exploration and legal enforcement was
initiated by investigation process. Through the process of investigation, the accused is
asked on the explanation toward the conducted criminal action. This matter becomes
the reference of the part of investigator to make BAP (Agenda of Case) of which in
finally will be conducted to the court level. According to the Law Number 8 of 1981
on Criminal Act, every people of which are accused for conducting criminal action is
had innocent prejudice. However, the given legal fact, in process of investigation, the
accused more has violence from the part of investigator. It is caused by the part of
investigator needs the explanation of the accused. However the accused doesn’t have
cooperative characteristic, thus in interrogation process, there often happens violence
to the accused.
This matter is controversy to the Undang-Undang Dasar 1945 and the Law
Number 39 of 1999 on Human Basic Right. Thus finally, it will bring the part of
investigator to the violence of article 352 and 354 of Civil Code. Thus according to
the author, it needs a regulation of which can thoroughly rule on the rights of the
accused in the process of investigation. Thus it can provide legal protection to the
accused of which has violence from investigator in investigation process.