LEGAL PROTECTION FOR THE VICTIM OF ERROR IN PERSONA UNDER THE CRIMINAL JUSTICE PROCESS

This Research is aimed to know and understand the legal protection for the victim of error in persona in criminal justice process, and to know the legal responsibility of the legal officers for handling the case of error in persona. This research is done in East Java, Jombang Regency, with consideration that in that region have the victims of error in persona (Legal Subject whom subjected of criminal sentenced but not a perpetrator) in a criminal justice process. Approach that used in this research is legal sociologis approach with empirical normative types. The character of research are deskriptive and qualitative. It combined to get supported eachother in defined the legal protection for victims of error in persona in criminal justice process, while as normative determined that what should be managed by the the law in order to have a legal protection for the victims. The result of this research have shown that the legal protection for the victims of error in persona in criminal justice process can’t implemented. especially regarding to the right of compensation, the right of rehabilitation, the right of medical assistance, the right of counseling and the right of legal assistance.The responsibility of legal officer that handling the cases of error in persona, like giving sanction and obliged to give rehabilitation and compensation are not fully implemented yet. So it is recommended to give sanction as a legal consequences.