The Presumption of Innocentness in the Perspective of Human Rights (Case Study of Persecution of Tempo Journalist Nurhadi)

The press is all mass communication media that transmit thoughts in written and spoken words made by journalists/journalists. Article 8 of Law no. 40 of 1999 concerning the Press and the Journalistic Code of Ethics for Indonesian journalists states that press freedom is guaranteed as a human right of citizens. Journalists in carrying out their profession are recorded in the law. That in carrying out their profession, journalists get legal protection. However, in reality, violence by investigators against journalists still occurred in May 2021, when journalists were interrogated with physical violence by investigators. In contrast, positive Indonesian law states that the presumption of innocence has been formulated in several other laws and regulations. This principle can serve as a guide for carrying out investigations by reasonable procedures. This issue is about the principle of presumption of innocence in Indonesia and how the presumption of innocence from a human rights perspective is in the case of persecution of journalist Nurhadi by the Police. The research method used is a normative juridical research method to obtain results regarding the Regulation of the presumption of innocence in detail in Indonesia and an understanding of the principle of the presumption of innocence as an embodiment of human rights that protect the overall dignity and worth that must uphold.

Human Rights as the suspect was not respected and even protected for this incident. In this case, the alleged perpetrator of a crime should have the right to be free from pressure such as being intimidated, intimidated and physically tortured, and sexually harassed. 7 Human rights are fundamental rights inherent in humans and are universal and lasting. Therefore they must be protected, respected, maintained, and should not be ignored, reduced, or taken away by Anyone. Indonesia is a state of law, where all actions of the administration of the state and citizens must comply with the applicable legal rules. 8 Positive Law states that the principle of presumption of innocence has been formulated in Article 8

1.
How to regulate the principle of presumption of innocence in Indonesia?

2.
How is the principle of presumption of innocence in the perspective of human rights the persecution of journalists at the time of the Police?

III. Research Methods
The type of research taken in this study is normative. Normative legal research aims to assess the quality of legal norms, so normative legal research is often classified as qualitative research. 11 Normative juridical research examines legal principles, legal systematics, legal synchronization, legal history, and legal comparisons. 12 In this study, the author emphasizes library research. 13 The approach method used by the author is to determine the solicitation approach and the case approach. This research is a descriptive-analytical study because, in this study, the author tries to explain and analyze the principle of the presumption of innocence from the perspective of human rights. The descriptive method is a problem-solving procedure that is investigated by describing the current state of the research object based on 7.
Uli Parulian Sihombing, dkk, "Hak Tersangka di Dalam KUHAP" (Jakarta, 2011 the facts that appear or as they are. The data analyzed is secondary data, which is obtained through library research. The data analysis of this research is a normative qualitative method, namely the method of analysis carried out with a normative/doctrinal approach. Data presentation is carried out simultaneously with data analysis based on the theoretical framework and understanding developed when interpreting the data.

Regulation of the Presumption of Guilt in Indonesia
Principles are part of human life. In every principle, man sees an ideal he wants to achieve. The principle of law is an idea that does not describe reality in contrast to the law, a prescriptive life guide on how humans should behave to protect their interests. The principle of presumption of innocence is an aspiration or hope that everyone suspected, arrested, detained, prosecuted, or brought before a court is considered innocent before a court decision declares his guilt and has obtained permanent legal force. The law is not always applicable. In general, legal principles are abstract. Therefore they are not always stated in concrete legal regulations. 14 The function of the principle of law in the legal system is to ratify and have a normative and binding influence on parties because existence is based on the formulation of legislators and judges. Likewise, the presumption of innocence principle has a normative influence and binds all interested parties in the case process. Besides normative and binding functions, legal principles also complement the legal system and make the legal system flexible. The principle of presumption of innocence as a general legal principle of procedure applies in every litigation process in Court, namely with the word "before the court." Can apply the principle of presumption of innocence in all existing forms of justice. However, because the principle of presumption of innocence is rewritten in General Elucidation Point 3c of the Criminal Procedure Code as a criminal procedure law in Court, the principle of innocence is better known in criminal cases. 15 The principle of presumption of innocence is not explicitly explained in the Criminal Procedure Code. 16 In the General Elucidation, it was emphasized that: The principles governing the protection of human beings' overall dignity and worth have been laid down in the law on the Basic Provisions of Judicial Power, namely Law Number 14 of 1970 must be enforced in this law. One of these principles is that every person suspected, detained, prosecuted, and before him before a court must be considered innocent until a court decision declares his guilt and obtains permanent legal force. 17 The investigation process in the Criminal Procedure Code only regulates general matters, including an investigator's authority as regulated in Article 7 letter e, which states that an investigator can examine a case suspected of being a criminal offense. Regarding examinations carried out by investigators, Article 112 of the Criminal Procedure Code authorizes investigators to be able to summon suspects as well as witnesses deemed necessary for the examination. Furthermore, Article 117 of the Criminal Procedure Code states that testimony of a suspect or witness to an investigator is given without pressure from Anyone. However, what actions an investigator can take during the examination process is not regulated in detail in the Criminal Procedure Code and the method of the investigator's 14.
Muhammad Schinggyt Tryan P, dkk, "Tinjauan Yuridis Terhadap Pelaksanaan Asas Praduga Tak Bersalah Dalam Proses Peradilan Pidana," Diponegoro Law Journal 5, No. 4 (2006) 18 Indonesia's positive law states that the principle of presumption of innocence has been formulated in Article 8 of Basic Law on Judicial Powers No. 14 of 1970 in conjunction with the Law of the Republic of Indonesia No. 35 of 1999 concerning Amendments to Law no. 14 of 1970. The State Gazette of the Republic of Indonesia of 1999 Number 14 concerning the Basic Provisions of Judicial Power affirms that "Every person who is suspected, arrested, detained, prosecuted, and brought before the Court, must be presumed innocent before a court decision declares him guilty." 19 No one can judge/assume that a convicted criminal has been guilty before the Court finds him guilty. Here the position of the Police should only be to secure it. In conducting an investigation, they can only ask a few questions without resorting to violence or threats.
Law Number 48 of 2009 concerning Judicial Powers; Article 8 paragraph (1) states that "Everyone who is suspected, arrested, prosecuted, and brought before a court must be presumed innocent before a court decision declares his guilt and has obtained permanent legal force ." Explaining Article 8 of the Basic Law on Judicial Powers No. 14 of 1970 in conjunction with the Law of the Republic of Indonesia No. 35 of 1999 concerning Amendments to Law no. 14 of 1970. the State Gazette of the Republic of Indonesia of 1999 Number 14 concerning the main provisions of the judicial power above.
Some accounts suggest that the presumption of innocence is an accurate word or a presumption based empirically on the probability that the accused is factually innocent. 20 Article 18 paragraph (1) of the Republic of Indonesia Law no. 39 of 1999 states that "everyone who is arrested, detained, and charged with allegedly doing something, is presumed innocent until his guilt is legally proven in Court and given all the legal guarantees necessary for defense, by Regulation. In addition, the principle of presumption of innocence is also regulated in Chapter III Decree of the Minister of Justice of the Republic of Indonesia No. M01 PW. 07. 03 of 1982 Guidelines for the Implementation of the Criminal Procedure Code. Manifestation of the principle of presumption of innocence cannot burden a defendant with the obligation of proof. 21 Although it does not explicitly state the same thing, the principle is stated in Article 66 of Law no. 8 of 1981 concerning the Criminal Procedure Code, which states, "Suspects or defendants are not burdened with the obligation of proof ."Meanwhile, in the article's explanation, the provisions in Article 66 of the Criminal Procedure Code embody the presumption of innocence. i

Aulia Wisi Putri Utami
[13] In the world of the press, in order not to be judged by the mass media, previously paragraph (7) of the PWI journalistic code of ethics stated: Reports on examination of criminal cases in court trials must be imbued with the principle of presumption of innocence, namely new suspects. He is guilty of committing a crime if he has been proven guilty in a court decision with permanent force.
Recognition of the principle of presumption of innocence in the criminal procedure law applicable in our country has two purposes. First, to provide protection and guarantees for a human being accused of committing a criminal act in examining a case so that his human rights will not be raped. Second, to provide guidelines for officers to limit their actions in examining because the person being examined is a human being who has the same dignity and worth as the one conducting the examination. 22

The Presumption of Guilt in the Perspective of Human Rights
Indonesia, as a state of the law as regulated in Article 1 paragraph (3) of the 1945 Constitution (UUD 1945), that Indonesia is a state of law. According to Sudargo Gautama, a state based on law must guarantee the equality of every individual, including the freedom of individuals to exercise their human rights. The Condition since Sequenom, considering that the rule of law was born due to individual struggles to free themselves from the ties and arbitrary actions of the authorities. The ruler must not act arbitrarily against individuals, and his power must be limited.
In fact, in May 2021, the Directorate of General Criminal Investigation (Dit Reskrimum) of the East Java Police was reported to have named two suspects related to the alleged abuse case against the journalist Tempo Nurhadi. Both are members of the National Police with the initials P and F. The Advocacy Coordinator stated this for Anti-Violence Journalists against Journalists, Fatkhul Choir. Nurhadi was accused of trespassing into the wedding reception of Angin Prayitno's child at the Graha Samudera Bumimoro Building, the Surabaya Navy Education and Training Doctrine Development Command Headquarters complex (Kodiklatal). Nurhadi was then led to a warehouse behind the building for interrogation. Even though they have conveyed their status as journalists, some guards allegedly did not pay attention. Nurhadi was repeatedly subjected to physical violence during the interrogation process. The next day, Nurhadi officially reported his case to the East Java Police, accompanied by AJI Surabaya, KontraS, LBH Lentera, LBH Pers, and LBH Surabaya. East Java Police Chief Inspector General Nico Afinta has formed a special team to uncover the case. 23 The case above shows that the police officers ignore the suspect's rights. They resort to violence to get information/confessions from the journalist. In contrast, the investigation must pay attention to reasonable procedures and apply the principle of presumption of innocence. The principle of presumption of innocence is an integral part of the due process of law. The principle of presumption of innocence is the embodiment of the protection of human rights because the application of the principle of presumption of innocence in criminal cases is related to the unequal position between the suspect and the legal apparatus concerned, so it's feared that arbitrary actions from law enforcement will occur. 24 Applying the principle of presumption of innocence to a suspect or defender does not mean a suspect. Defenders have the same rights as people who have not committed a crime. Still, each suspect or defender is presumed innocent and thus has the opportunity to exercise their right to defend themselves at a higher level. Any examination until there is a final and binding decision stating the guilt. There is a close relationship between human rights and criminal law, where human rights require criminal law to criminalize human rights violations. In contrast, criminal law in its implementation must be guided by human rights principles so that arbitrariness does not occur.
Based on the explanation above, the principle of presumption of innocence is the embodiment of human rights that protect the fundamental dignity and worth that must uphold. In this case, the Regulation of a principle of presumption of innocence as a manifestation of human rights is necessary to uphold and protect them by the principles of a democratic rule of law. The provisions in Article 281 paragraph (5) of the fourth amendment to the 1945 Constitution, i.e., Uphold and protect human rights with the principle of the Rule of Law. The implementation of human rights is guaranteed, regulated, and set forth in-laws and regulations. 25 According to Article 1 paragraph (1) of Law Number 39 of 1999 concerning Human Rights, human rights are defined as: a set of rights inherent in the nature and existence of humans as creatures of God Almighty and are His gifts that must be respected, upheld and protected by the state, law, Government and everyone for the sake of honor and protection of human dignity.
Different perspectives among law enforcers differ in the view of Human Rights (Human Rights), recently sticking out with the "policy" of the prosecutor's office, which has to prosecute criminals or file legal remedies if the Court's decision states that the defendant is free or long term. Imprisonment is not 2/3 of the demands of the public prosecutor. 26 In short, a person's perspective is influenced by his knowledge (knowledge) and broad understanding (comprehensive) as well as actual practices in the field (applicative). Then with analysis, synthesis, and evaluation, someone prepares something according to that person's perspective. 27 Different given Human Rights, which is inevitable. In Human Rights, there are two essential principles behind the concept of Human Rights itself, namely the principles of freedom and equality, where these two things are the basis of the existence of justice. John Rawls argues that three things are solutions to the main problem of justice, namely. a. The principle of equal freedom for all includes the freedom to participate in political life, freedom of speech, freedom of the press, freedom of religion, freedom to be oneself, freedom from arbitrary arrest and detention, and the right to defend private property. b. The difference principle. The essence of this principle is that must socioeconomic differences must be regulated to provide significant benefits to those who are less advantaged. c. The principle of fair equality of opportunity, the essence of this principle is that socioeconomic inequalities must regulate in such a way as to open up positions and social status for all people in conditions of equal opportunity. Based on the principles above, the three principles are the main things that exist in Human Rights; Human Rights do not look at a person's economic, social and cultural position and do not see how his position as a civilian or private person. In terms of political position, everyone has the freedom and the same position. However, this does not apply to the obscenity case committed by the journalist investigator Nurhadi when he was integrated. 28 Although its implementation varies from one country to another, The Universal Declaration of Human Rights is a reference for studying human rights. Article 11 states the right of every person to be presumed innocent until it is proven that he is guilty according to the law in an open court where he has the right to his defense. The article above explicitly stipulates the existence of an open trial and the guarantee of the defendant's right to his defense, concluding that the presumption of innocence is the basis of the right given to everyone to defend in a court that is open to the public. In other words, every person is recognized as having the right to defend the allegations against him. To provide harmony between the allegations and one's rights, the principle of the presumption of innocence is a fundamental factor in that right. Therefore, the presumption of innocence principle is essential before the Court and from the start. A suspect must bear it so that from the beginning, everyone must uphold the right of the suspect to defend himself. In this case, it does not mean that a suspect has the same rights as a person who has not committed a crime, but that every suspect is considered innocent so that he has the opportunity to use his right to defend himself at any level. 29 It is not uncommon for print and online media to report about violence perpetrated by police officers during an investigation, even though it is not sure that the suspect is guilty but has been written guilty. In comparison, an investigator has the authority to conduct investigations with certain limits, while journalists or news writers also have their code of ethics in reporting something.
In Article 1, point 1 of the Criminal Procedure Code, "Investigators are certain police officers or civil servants who are given special authority by law to carry out investigations.". Article 1 of evidence is explained in general provisions 1 point 2 of the Criminal Procedure Code, namely, "Investigation is the action of an investigator in terms of and according to this law to seek and collect what evidence makes about a criminal act that occurred and to find the suspect." The authority of investigators from State Police officials is regulated in Article 7 Paragraph (1) of the Criminal Procedure Code. As referred to in Article 6 paragraph (1) letter, because of their obligation to have the authority to receive reports or complaints from someone regarding a criminal act, take other actions according to the law, and are responsible.
Police investigators should be independent without any pressure from any party, including superiors/leaders, then pay attention to the police professional code of ethics so that investigators can carry out their duties as professional, clean and independent law enforcers. 30  As long as journalists carry out their duties according to procedures, they will protect their rights. Article 50 of the Criminal Code (KUHP) states that: "Anyone who commits an act to carry out the legislation should not be punished. This proves that journalists are also given the authority or carry out the provisions of the legislation". As long as these provisions are not violated, they cannot be punished when journalists fight for justice and truth while reporting. Journalists also carry out statutory provisions, and therefore, journalists cannot punish. The guarantee of press freedom is explained in Article 4 paragraph (1), i.e., "Freedom of the press is guaranteed as a human right of citizens." What is meant by freedom is free from preventive actions, prohibitions, and or oppression, so that the public's right to obtain information is guaranteed. Freedom of the press is freedom accompanied by an awareness of the importance of upholding the rule of law carried out by the courts and professional responsibilities described in the Journalistic Code of Ethics and the conscience of the press. 32 Article 4 of Law Number 40 of 1999, paragraph (3) explains that the national press has the right to seek, obtain, and disseminate ideas and information to guarantee press freedom. In this case, what is done by the perpetrators of violence by preventing journalists from getting pictures or news is a form of violation of Article 4 paragraph (3), especially with the acts of violence committed by the apparatus against journalists? The apparatus should take firm action against the members involved in this case because it is by the law. In the criminal provisions of Law Number 40 of 1999 in Article 18 paragraph (1) which reads: "Anyone who unlawfully intentionally commits an act that results in obstructing or hindering the implementation of the provisions of Article 4 paragraph (2) and paragraph (3) shall be punished with a maximum imprisonment of 2 (two) years or a maximum fine of Rp. 500,000,000.00 (Five hundred million rupiahs)." The investigator in the above case does not have the authority to commit violence or position the suspect as an object because this makes the suspect limited to defending and unable to do so. Then as a journalist, a lot of the news uploaded is not by the journalistic code of ethics, including not hiding the victim's identity and so on. the uploaded news is actual. It makes people who read it indoctrinated that the uploaded news is actual. There is already the identity of the suspect and other information. So this causes the suspect to have no right to defend himself. The principle of the presumption of innocence is fundamental to play a role where the definition and function of the principle extensively protect suspects and upholds human rights as suspects.

V. Conclusions
The principle of presumption of innocence is an aspiration or hope that everyone suspected, arrested, detained, prosecuted, or brought before a court is considered innocent before a court decision declares his guilt and has obtained permanent legal force. Indonesian positive law states that the principle of presumption of innocence has been formulated in