MIRANDA RIGHTS: WHAT IS IT, AND SHOULD IT BE IMPLEMENTED IN INDONESIA?

Written By : Annisa Nur Inayah & Rosa Diga Putri

MIRANDA RIGHTS: WHAT IS IT, AND SHOULD IT BE IMPLEMENTED IN INDONESIA?

What Are Miranda Rights?

Miranda Rights are legal protections designed to safeguard the rights of suspects during criminal investigations. Law enforcement is required to inform individuals of these rights at the time of their arrest, ensuring they are fully aware of their rights before interrogation takes place. This warning is known as the “Miranda Warning”.

Why Do Miranda Rights Exist?

Miranda Rights were established following the 1966 U.S. Supreme Court case Miranda v. Arizona. This stemmed from Ernesto Miranda's 1963 confession to a crime without being informed of his rights to remain silent or have legal representation. The Court invalidated his confession, citing violations of the Fifth and Sixth Amendments. This landmark decision led to the "Miranda Rule," ensuring greater protection of suspects' rights during interrogations.

The Miranda Warning consists of four statements of rights that must be presented in a clear and understandable manner by law enforcement when taking a suspect into custody, before interrogation can legally begin. While the exact wording may vary, police must inform the suspect that:

1. They have the right to remain silent;

2. Anything the suspect does say can and may be used against them in a court of law;

3. They have the right to have an attorney present before and during the questioning; and

4. They have the right, if they cannot afford the services of an attorney, to have one appointed, at public expense and without cost to them, to represent them before and during the questioning.

Implementation: U.S. vs. Indonesia

(🇺🇸) U.S.:

●  Law enforcement is required to deliver the Miranda Warning.

●  Failure to do so can invalidate evidence in court.

 

(🇮🇩) Indonesia:

• Rights are recognized but Miranda Warnings are not obligatory. Indonesia does this independently because the law enforcement themselves isn’t obligated to inform the suspects.

• Failure to inform suspects of their rights does not cancel evidence.

Should the Miranda Warning  be obligatory in Indonesia?

As far as we know, Miranda Rights and the Miranda Warning are different. Miranda Rights refer to the rights that protect suspects, while the Miranda Warning is the act of informing suspects of their Miranda Rights before an interrogation. In the case of Nenek Minah, it is evident that there were violations of her Miranda Rights. During the interrogation, Nenek Minah was unaware of her rights. Even though she confessed to stealing three cacao pods, this confession was made without an attorney present. This raises the possibility that her confession might have been unfairly obtained or could become misleading because of this oversight.

 

In the U.S., law enforcement officers, such as police, are obligated to deliver the Miranda Warning to suspects either orally or in writing before interrogations. Although Indonesia has a similar principle of protecting suspects’ rights during interrogation, the Miranda Warning is not mandatory. Back to the Nenek Minah case, this case should be used to reflect the importance and encourage the need to make Miranda warnings obligatory in Indonesia. Implementing Miranda warnings hopefully could strengthen suspects’ legal protections, and ensure fair legal processes. The case of Nenek Minah has become a significant driving force highlighting the need for the strict implementation of Miranda Warnings in Indonesia, not only as a safeguard for defendants' rights but also as a fundamental necessity to ensure equality for every individual under the law.

Let us know your thoughts!

Do you think Miranda Rights should be implemented in Indonesia?

Sources

 

• M Sofyan Lubis, Prinsip Miranda Rights Hak Tersangka Sebelum Pemeriksaan (Pustaka Yustitia 2010).

• Miranda Rights | Definition, History & Purpose https://study.com/academy/lesson/what-is-the-miranda-warning-history-rights.html 

• What are your Miranda Rights?. MirandaWarning.org http://www.mirandawarning.org/whatareyourmirandarights.html 

• Miranda Rules dalam Hukum Acara Pidana Indonesia. Hukumonline.com. https://www.hukumonline.com/klinik/a/pelanggaran-miranda-rule-lt5023471f2316e/