THE PARADOX OF THE PRESUMPTION OF INNOCENCE PRINCIPLE

The presumption of innocence is the most basic principle in the criminal procedural law anywhere. This principle contains a paradox because on one hand, the state, through law enforcers are required to gather evidence in order to name one as a suspect, but on the other hand the state also has an obligation to presumed one innocent until proven guilty. This principle contains an abstract understanding, that its application is causing problems in translating the presumption of innocence. For example, in Indonesia, practices such as the publication of the trial, the press conference with the suspect becomes a real form of confusion in applying the presumption of innocence. This article try to discuss about the true definition of the presumption of innocence by doing a comparison of the implementation of the presumption of innocence in Europe and the United States. By looking at the comparison of such implementation, this article explains how should the presumption of innocence set forth in the form of concrete legislation.