Bridging the Accountability Gap in Criminal Investigations through Internal Penal Policy and Global Human Rights Standards

Abstract

This study evaluates the operational function and legal status of criminal investigation Standard Operating Procedures within the broader context of institutional accountability and global human rights protections. Addressing the critical legal dilemma of whether these procedures function as mere internal administrative guidelines or binding legal norms, the research examines how ambiguities in their application compromise due process and foster arbitrary designation of suspect status. This inquiry addresses a profound institutional accountability gap where inadequate investigative constraints leave room for discretionary abuses that undermine constitutional liberties and international legal standards. Using a normative legal research design, the analysis employs statutory, conceptual, and case approaches within the Indonesian criminal justice framework to examine the hierarchy of procedural norms. The doctrinal evaluation establishes that Standard Operating Procedures transcend internal administrative guidelines and serve as binding legal instruments bridging abstract criminal procedure codes with concrete investigative practices. These operational frameworks serve as a vital component of an adaptive internal penal policy that aligns national law enforcement with global human rights benchmarks. The findings reveal that while current standardized protocols create procedural uniformity, their practical effectiveness remains severely limited by the absence of objective substantive metrics for evaluating evidence quality and restraining investigator discretion. Safeguarding fundamental human rights and ensuring legal certainty require integrating these procedural standards with objective metrics for evaluating evidence quality. Reforming internal penal policy to include robust substantive boundaries prevents the abuse of investigative authority and elevates domestic law enforcement into a globally accountable criminal justice institution.

Keywords: Criminal Investigation; Standard Operating Procedures; Suspect Determination; Due Process of Law; Legal Accountability.