Penerapan Hak-Hak Tersangka dan Terdakwa Berdasarkan Pasal 50-68 Kuhp (Studi di Lembaga Pemasyarakatan Klas I Tanjung Gusta Medan)

Abstract

ABSTRACT The Human rights are a set of rights that is inherent in every human being must be respected, upheld and protected by the State's high though against a convict. Protection of human rights of a convict shows the principle of respect of the rights of any convicts as one of developments in punishment. the onset of problems that could become obstacle to the implementation of the protection of human rights for any convict in the socialization institution, such as: the number of citizens that exceed the capacity of the building, lack of infrastructure and facilities, the lack of human resources officers, still a glaring discrepancy between desire and reality, so the researchers feel interested to do this research. This research was to analyze the legal norms with regard to the protection of human rights for any convict in the socialization institution, to analyse the implementation of the protection of human rights for any convict in the socialization institution of Tanjung Gusta, to find and analyze barriers that exist in the implementation of the protection of human rights for any convict in the socialization institution of Tanjung Gusta and efforts to overcome it. This research uses the normative legal research methods and backed by empirical legal research, conducted by analyzing problems in research through the principles of law and refers to the legal norms contained in the legislation on the protection of human rights, about of socialization institution and other legal materials as well as supported by data obtained from the results of interviews with several informen. The results showed that the protection of human rights for a convict in the socialization institution has been provided for in the instruments of international law as well as instruments of national law. The socialization institution of Tanjung Gusta is the fulfillment of the rights of inmates are based upon the rules of applicable legislation, but in practice there are still various obstacles such as: lack of understanding of the provisions and regulations attendant policies, lack of infrastructure and facilities are available, as well as a manifestation of real human rights in the implementation of tasks of socialization compiled only modest. To overcome these barriers to be socialization institution of Tanjung Gusta is attempting to use the entire potential that exists, taking a step that does not violate policy and rules as well as the community and maximizing the role of other government institutions, particularly in the area of the socialization institution of Tanjung Gusta to be located. Keywords : Implementasi, rights of the suspect / defendant.