ALSA 2025 meeting

This paper examines how the excessive use of force by investigators—particularly the police—during the investigation stage continues to erode the foundational principles of the Indonesian criminal justice system. Investigation, which is intended as a process for uncovering material truth, often becomes a coercive means to extract confessions from suspects through physical and psychological violence. Such practices violate the principle of due process of law, which guarantees fair, impartial treatment and the protection of human rights for all individuals subjected to legal proceedings. Numerous cases demonstrate that violence during investigations is not an anomaly but rather part of a recurring pattern. These include the torture of five murder suspects by the Jakarta Metropolitan Police, the post-demonstration abuse of Gideon in Yogyakarta, and the death of Aan Yulianto—a witness—following police interrogation at the Yogyakarta Regional Police Headquarters. This persistent phenomenon is closely linked to structural deficiencies such as a performance approach centered on target-oriented rather than problem-solving policing, weak internal and external oversight, and the absence of standardized competency assessments for investigators. This study employs a legal research approach by combining conceptual, statutory, comparative, and case study methods. It explores principles of justice, presumption of innocence, and human rights within criminal procedure, examines the statutory framework under the KUHAP, analyzes documented cases of abuse, and draws lessons from international practices, particularly in the Netherlands and the United Kingdom. Findings reveal that excessive use of force stems from a lack of accountability and professional standards among investigators. Two key complementary solutions are proposed: competency certification to ensure that investigators uphold ethical and human rights standards, and strengthened judicial scrutiny to enable more effective oversight of investigative conduct. The integration of these two mechanisms could prevent the investigators from behaving as tools for a machiavellian social control.