PERLINDUNGAN HAK TERSANGKA DALAM PERSPEKTIF ASAS PRESUMPTION OF INNOCENCE : STUDI KOMPARATIF KUHAP DAN THAILAND CRIMINAL PROCEDURE CODE

Abstract

This study examines the protection of suspects’ rights from the perspective of the presumption of innocence through a comparative analysis between the Indonesian Criminal Procedure Code (KUHAP) and the Thai Criminal Procedure Code (CPC). This research employs normative legal research methods by analyzing primary and secondary legal materials. The findings indicate that although both legal systems recognize the presumption of innocence as a fundamental principle, differences exist in the mechanisms for protecting suspects’ rights and prosecutorial authority. Indonesia emphasizes procedural safeguards through strict state control, while Thailand provides greater opportunities for victim participation in prosecution. Furthermore, the enactment of Law Number 1 of 2023 concerning the Criminal Code strengthens the presumption of innocence as a fundamental principle in Indonesian substantive criminal law. This study concludes that comparative analysis offers important insights for strengthening human rights protection within criminal justice systems.