Searches According To Criminal Procedure Law From A Human Rights Perspective

Abstract

This research examines the practice of searches in criminal procedural law from a human rights perspective. Searches are coercive actions that can affect an individual's privacy and freedom; Thus, they must be conducted following human rights principles. This study highlights the importance of balancing law enforcement interests with the protection of individual rights during search procedures. The research employs a normative method with a legislative approach and case analysis to evaluate the compliance of search practices with applicable human rights standards. The results indicate that although Indonesian criminal procedural law has regulated search mechanisms, there are challenges in its implementation that may violate human rights, such as breaches of privacy rights and procedures not meeting standards. Some cases show searches conducted without authorization or exceeding authority, leading to violations of individual rights. Therefore, reforms and increased oversight of search procedures are necessary to ensure that human rights are respected. This research suggests the need for clearer regulatory reinforcement and strict supervision of search practices in criminal procedural law. Moreover, enhancing law enforcement officers' training and awareness of the importance of human rights in every enforcement action is crucial. With these measures, it is hoped that searches can be conducted effectively and fairly without compromising the protection of individual rights.