PERTANGGUNGJAWABAN KEPOLISIAN ATAS PELANGGARAN HAK ASASI MANUSIA (STUDI KASUS: OJEK ONLINE TERLINDAS RANTIS PADA DEMO AGUSTUS 2025)

Abstract

The concept of the rule of law requires that all state authorities, including the police, be subject to the law and refrain from acting arbitrarily. From this perspective, the police, as law enforcement officers, have a duty to carry out their duties in accordance with the principles of legality, necessity, proportionality, and accountability, particularly regarding the use of force during crowd control operations. This study aims to analyze the legal accountability of the police for alleged human rights violations in the case of an online motorcycle taxi rider who was run over by a police vehicle during a demonstration at the Indonesian House of Representatives on August 28, 2025, as well as the legal avenues available to the victim to seek justice. This study employs a normative research method, utilizing a legal framework to analyze applicable regulations within a specific context, drawing on primary and secondary legal sources. The findings indicate that the officers’ actions in this case are suspected of violating human rights principles and the proper use of force, revealing deviations in police duty execution and state failure to protect human rights. The three legal avenues available to the victim are filing a report with the National Commission on Human Rights (Komnas HAM), the National Commission on Missing Persons and Victims of Violence (LPSK), and the Police. In this specific case, the victim’s family has already reported the matter to Komnas HAM and received restitution regarding economic and social rights; however, the criminal proceedings are still ongoing. In practice,, challenges remain, such as a lack of transparency, slow case processing, and potential conflicts of interest within internal mechanisms.

Keywords: Human Rights; Police; Legal Accountability.