Indonesian Criminal Justice System Research Articles

Penerapan Konsep Plea Bargaining Dalam Sistem Peradilan Pidana Terpadu Di Indonesia

Introduction: The principle of simple, fast and low cost justice is a principle in the Indonesian judicial system that requires the implementation of law enforcement to be able to provide protection and legal certainty in the judicial process. The plea bargaining system is one of the alternatives that can be used to overcome the burden of cases in court and realize the principle of simple, fast and low cost justice as a principle in the Indonesian criminal justice system optimally.Purposes of the Research: The purpose of this paper is to review and analyze the application of the plea bargaining system and the obstacles in the application of the plea bargaining system in the Indonesian justice system.Methods of the Research: The method used in this writing is normative juridical with a statutory approach, comparative approach, and concept approach.Results of the Research: Based on this paper, it can be concluded that plea bargaining system is a part of criminal justice system that is developed and maintained by many countries up to now, both countries with common law system and countries with civil law system. Plea bargaining system is a system that has not been recognized in the Indonesian judicial system, however, this system can be a solution to the problem of accumulation of cases in the courts, the implementation process must be carried out comprehensively, and adjustments need to be made to the Indonesian criminal justice system so that it can be implemented and implemented optimally and effectively.

Urgency of Falsum in Indonesian Criminal Justice System as Basis for Revision; An Islamic Perspective

In Indonesian Islamic law, "falsum" has no direct equivalent. However, this idea matters in legal debates of beliefs, utterances, and behaviors. Falsum corrects final decisions in Germany and the Dutch during Revision. Indonesian prosecutors might request Revision, but the Constitutional Court limited this power to convicts and their descendants, extending unfairness. Revision should remedy bribery, document forgery, conflict of interest, and perjury by using the idea of falsum. However, falsum implementation in Indonesia raises problems about its compatibility with Islamic values. The study investigates how addressing falsum, in accordance with the principles of justice and utility, can lead to fairer legal reforms and bolster public confidence in the judiciary, especially within Indonesia's predominantly Muslim community. It examines the possibilities and drawbacks of legalizing falsum in Indonesia using normative, theoretical, and comparative approaches. It contends that the notion of falsum can provide a persuasive rationale for legal reforms in Indonesia's criminal court system. It also enables law enforcement officials and future drafters of the Criminal Procedure Code (KUHAP) to understand the evolution of Revision because granting prosecutors the authority to initiate Revision based on falsum is crucial for ensuring greater justice.

Law Enforcement of Corruption Crimes: Theoretical Study of the Restorative Justice Approach

The problem to be described in this research is how to handle criminal acts using a restorative justice approach that is practiced in the Indonesian criminal justice system and how is the concept of restorative justice applied to criminal acts of corruption in Indonesian law? The approaches used by the author in this research are the statutory approach, case approach, historical approach, comparative approach and legal conceptual approach. The results of the research found that handling criminal acts using a restorative justice approach which is practiced in the Indonesian criminal justice system has become a new method for resolving criminal cases. This model places greater emphasis on conditions for creating justice and balance for criminal perpetrators and their victims. This model has now been implemented in the criminal justice system in Indonesia. Indonesia. This model continues to be developed and implemented in the criminal justice system in Indonesia to achieve the goals of justice, certainty and benefit because the focus of the approach in restorative justice focuses on justice for victims and perpetrators, so that the function of law is not only as certainty for society but also as justice and benefit to the community in line with local wisdom in resolving criminal cases. The application of the concept of restorative justice in criminal acts of corruption in Indonesian law is through the return of all proceeds from criminal acts of corruption along with all forms of profits which are carried out at the stage before the investigation is carried out, during the investigation, during the investigation up to the stage of examination in court. The application of restorative justice has not been specifically regulated in corruption legislation in Indonesia, however circular letters have been issued in several law enforcement agencies which regulate the application of restorative justice in criminal acts of corruption which prioritizes deliberation to return all the proceeds of criminal acts of corruption.

Keadilan Restoratif Sebagai Upaya Penyelesaian Tindak Pidana Dalam Sistem Hukum di Indonesia

The justice that has been taking place in the criminal justice system in Indonesia is retributive justice, while what is expected is restorative justice, namely a process where all parties involved in a particular criminal act work together to solve the problem, how to deal with the consequences in the future, not yet regulated by strict norms that prevent criminal cases from having to be resolved outside of court using restorative justice. Based on the background above, researchers are very interested in studying: 1) How is the development of restorative justice in the Indonesian legal system? and 2) What are the principles of restorative justice in resolving criminal cases in Indonesia? The type of research used in this research is normative legal research. The development of restorative justice in the Indonesian legal system is based on the lack of satisfaction from the existing criminal justice system process, where it is felt that it does not meet the needs of the community, because in a criminal justice system process the parties in conflict are not involved but only involve between perpetrators and the state. Victims and the community are not involved in conflict resolution, in contrast to the principle of restorative justice where victims and the community are also involved in conflict resolution. The principle of restorative justice in resolving criminal cases in Indonesia is not something relatively new in Indonesia because it is a dispute resolution model which is one type of alternative punishment in the criminal law system in line with the aim of criminal sanctions according to the concept of customary law, namely restoring cosmic balance, balance between The world was born with the supernatural world, to bring a sense of peace between fellow citizens or between members of society and their community.

Plea Bargaining as a Reform in Criminal Procedure Law: An Analysis of Article 199 of the Draft Criminal Procedure Code

The criminal justice process in Indonesia is characterized by lengthy proceedings, significant costs, and a growing prison population, highlighting the need for new policies to address these challenges. The adoption of the plea-bargaining concept, prevalent in common law jurisdictions, offers a potential solution for the Indonesian criminal justice system. Article 199 of the Draft Law on Criminal Procedure introduces a similar concept, allowing defendants who admit guilt to crimes punishable by no more than seven years in prison to have their cases transferred to a shorter trial process. This normative juridical research employed both statutory and conceptual analyses to evaluate the relevance of plea bargaining in the Indonesian context. It aims to assess whether the plea bargaining provisions in Article 199 of the Draft Criminal Procedure Code align with the principles of simplicity, speed, and cost-effectiveness, and whether they conform to Pancasila, the foundational ideology of Indonesia.

SPEEDING UP JUSTICE: A CRITICAL ANALYSIS OF THE PRINCIPLE OF SPEEDY, SIMPLE, AND LOW-COST TRIALS IN INDONESIAN CORRUPTION CASES

This article investigates the issue of delays in law enforcement's implementation of criminal law in corruption cases, particularly in relation to the principles of speedy, simple, and low-cost trials. Utilizing a normative legal method and statutory approach, alongside case studies, the study explores the persistent delays in the Indonesian criminal justice system despite the emphasis on these principles. Delays in the reading of indictments have raised suspicions and potential discrimination in the enforcement of corruption cases. The right of a defendant to a prompt resolution, as outlined in the Criminal Procedure Code aligning with the shift from an inquisitorial to accusatorial principle and human rights development, is highlighted. However, the findings reveal that these principles are not consistently and effectively applied in Indonesia's criminal justice system. Key issues identified include prolonged, complex, and costly law enforcement processes in corruption cases, as well as obstacles hindering the swift and cost-effective resolution of state losses. Discriminatory practices, though not overt, manifest in various stages of the legal process, impeding the realization of fast, simple, and low-cost justice. To address these challenges and ensure fair trials, law enforcement must prioritize ethical and moral considerations in their practices

Pelanggaran Prinsip Miranda Rule pada Proses Penyidikan Perkara Pidana di Indonesia (Tinjauan Kasus Pengamen Cipulir Jakarta Selatan 2013)

The criminal justice system in Indonesia is plagued by various types of crimes, including official indifference, abuse of authority by officers, and human rights violations related to people's civil rights. The rights of suspects, which are fundamental human rights and are ingrained in them, are often ignored in the Indonesian criminal justice system, to the detriment of suspects. The case that attracted attention was an incident that occurred in 2013 in Cipulir, South Jakarta, where several buskers were accused of committing the crime of murder. This case surfaced after reports that detained buskers were not given their basic rights during the investigation process, which could be linked to a violation of Miranda Rule principles. This research aims to find out how the Miranda Rule principles guarantee the rights of suspects in the criminal justice system in Indonesia. The method used in this research is a normative method, using the concept of a statutory approach. The purpose of the results of this research is to understand that the Miranda Principle or known as Miranda rights is what happens when someone gives a warning to someone who is in danger. Namely the right to obtain/contact legal advisors/advocates. If unable, then given the opportunity to provide legal advice/advocate. The right to obtain legal assistance has been included in Articles 54, 55 and 114 of the Criminal Procedure Code. If he is unable to do so, the suspect has the right to be provided with legal advice by the relevant official or through an investigator, as regulated in article 56 paragraph 1 of the Criminal Procedure Code. As for Miranda Warning (Right To Remain Silent), it is not regulated explicitly, but its application can be interpreted implicitly in articles 52, 117 and 166 of the Criminal Procedure Code.

Diversi Bagi Anak Pelaku Tindak Pidana Kejahatan yang Jatuhan Pidananya Diatas 7 Tahun

Diversion is a critical mechanism in the juvenile criminal justice system in Indonesia, aimed at protecting the rights of children and preventing the negative impacts of formal criminal proceedings. This normative legal study explores the challenges and potential improvements in implementing diversion for juvenile offenders facing sentences over 7 years. The study utilizes secondary data sources, including the Indonesian Juvenile Criminal Justice System Law (Law No. 11 of 2012), Supreme Court Regulation No. 4 of 2014 on Diversion Guidelines, and relevant literature on restorative justice and child protection. The analysis reveals significant barriers, such as legal limitations, cultural factors, and inconsistencies with international standards like the Beijing Rules. The study concludes with recommendations for revising existing legislation to remove the 7-year sentence limitation, enhancing coordination among legal and rehabilitation institutions, providing restorative justice training for law enforcement, and increasing public awareness of the importance of diversion and child rights protection. These steps are essential for ensuring a more just and effective implementation of diversion in Indonesia.

The Nature of Restorative Justice in Indonesian Criminal Justice System

This research aims to comprehensively explore Restorative Justice within Indonesia's judicial system, examining its role, necessity, and implementation methods. The theoretical framework emphasizes reconciliation, reparation, and the involvement of victims, offenders, and communities in justice processes, contrasting with punitive approaches by prioritizing healing and peace restoration. Methodologically, the study employs normative legal research, analyzing Indonesian laws, conducting comparative studies, and exploring doctrinal principles relevant to Restorative Justice. Findings underscore the need for a unified legal framework to ensure consistent application across different judicial levels, advocating for judges to apply Restorative Justice principles effectively through proper training and guidelines. This research contributes valuable insights into enhancing justice and reconciliation practices in Indonesia's criminal justice system.

Effectiveness Of Restorative Justice In Traffic Accident Case Settlement And Its Implications For The Parties Involved

Traffic accidents are a severe problem that significantly impacts people's safety and well-being. In Indonesia, the restorative justice approach has been adopted as an alternative to resolving traffic accident cases, which aims to restore the relationship between the perpetrator and the victim and reduce the burden on the criminal justice system. This study focuses on the effectiveness of the implementation of restorative justice by the Bintan Subregional Police in resolving traffic accident cases in Batam City, as well as its implications for the parties involved. This study aims to analyze how the application of restorative justice can affect the settlement of traffic accident cases, assess the effectiveness of this approach, and identify relevant obstacles and solutions to optimize its implementation. The research method used is qualitative, collecting data through in-depth interviews, observations, and document analysis. The research respondents comprised police officers, victims, perpetrators, and community leaders involved in the mediation process. The study results show that implementing restorative justice by the Bintan Subregional Police has excellent potential to create a fairer and more satisfactory settlement for all parties involved. However, its effectiveness is still hampered by limited resources and training for the police, lack of public understanding, and suboptimal coordination between institutions. The proposed solutions include increasing training programs for police officers, drafting more detailed regulations, and intensifying socialization to the public about the benefits and processes of restorative justice. The study suggests that police forces increase training and resources, communities are more active in supporting this approach, and governments develop regulations that support and improve coordination between agencies. By overcoming these obstacles, the application of restorative justice in resolving traffic accident cases can be more effective and provide more significant benefits to the community, as well as increase trust in the criminal justice system in Indonesia.

Juridical Analysis Of Regulation No. 15 Of 2020 Concerning The Termination Of Prosecution In Criminal Offenses In The Perspective Of The Criminal Justice System In Indonesia

The purpose of this study is to analyze: first, the study of Attorney General Regulation No. 15 of 2020 concerning the termination of prosecution based on restorative justice in the perspective of the criminal justice system in Indonesia. Second, the mechanism for terminating prosecution based on restorative justice based on Attorney General Regulation No. 15 of 2020 has fulfilled the requirements and objectives. This legal research uses a normative juridical approach method. The results of the study concluded that there is a contradiction between the position of Perja No. 15 of 2020 and the justice system in Indonesia. First, it shows that the findings in article 2 of Perja no 15 of 2020 "termination of prosecution based on restorative justice is carried out based on the principles of justice, public interest, proportionality, punishment as a last resort; and fast, simple, and low cost", Second, the mechanism for implementing restorative justice in embezzlement criminal cases consists of a) peace efforts. namely the peace process is carried out voluntarily, by deliberation for consensus, without pressure, coercion, and intimidation b) in the peace process, there are two possible mechanisms, namely rejection or success. The implementation of the peace agreement is divided into two ways, namely: 1) done by returning compensation 2) done by doing something.

Health Law Diversion Policy in the Criminal Justice System in Indonesia

Health Law Diversion Policy in the Criminal Justice System in Indonesia

Application of the Status of Justice Collaborator in the Criminal Justice System in Indonesia (Case Study: Decision of Central Jakarta District Court Number 41/Pid.sus/TPK/ 2017/PN. JKT)

In Indonesian criminal law, the status of a Perpetrator Witness (Justice Collaborator) has significant legal consequences. With the entry of this Justice Collaborator regulation, the threat of criminal punishment will be less effective against perpetrators of serious crimes. This will make it more difficult to identify the main perpetrators in cases of crimes committed together, and will be a new strategy to avoid the threat of high punishment because the status of a Justice Collaborator is guaranteed to get leniency for serious crimes committed. The enactment of the regulation on the status of Justice Collaborator in corruption criminal justice which provides a guarantee of a reduction in punishment for perpetrator witnesses is seen as very counterproductive with a very high criminal threat for corruption perpetrators as perpetrators of certain crimes (serious crimes). Most people in Indonesia even strongly agree that the criminal threat for the perpetrators of corruption crimes is the death penalty, so great are the hopes of people who want no more corruption crimes that are very detrimental to the state and the people of Indonesia.

Implementasi Diversifikasi Penanganan Anak Sebagai Pelaku Tindak Pidana Kekerasan

This This research discusses the implementation of the juvenile justice system in Indonesia with a focus on the application of the concept of diversion as an effort to protect children in conflict with the law. Children, as assets for the nation's future, often face various problems, including delinquency and criminal behavior which is worrying. Along with the flow of globalization, the development of information technology has had both positive and negative impacts on children, who often imitate the inappropriate behavior they see in the media. This research uses empirical juridical methods by collecting facts from human behavior both through interviews and observations. direct. The research results show that the application of diversion is effective in providing protection and rehabilitation to children in conflict with the law, as well as preventing them from repeating criminal acts in the future. Apart from that, this research also highlights the importance of synergy between aspects of structure, substance and legal culture in implementing diversion. Thus, diversion in the juvenile criminal justice system in Indonesia provides an opportunity to safeguard the best interests of children and prevent them from the negative stigma of the formal justice process. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System is the main legal basis for implementing diversion, which is expected to increase legal protection for children and optimize their rehabilitation.

Indonesian Criminal Justice System and Human Rights Protection

The criminal justice system in Indonesia has several components, including the Police, Prosecutor's Office, Court, Corrections, and advocates. In running the justice system in Indonesia, several components must comply with human rights, including the protection of human rights for perpetrators and human rights for victims.

The Application of Article 56 Paragraph (1) of the Indonesian Criminal Procedure Code (KUHAP) from a Human Rights Perspective in Relation to the Integrated Criminal Justice System in Indonesia

The Application of Article 56 Paragraph (1) of the Indonesian Criminal Procedure Code (KUHAP) from a Human Rights Perspective in Relation to the Integrated Criminal Justice System in Indonesia

Case Study: Strength of Child Witness Testimony in Cases of Sexual Abuse in Decision No. IX: 135/Pid.Sus/2023/DPK

In current criminal justice practice, there have been developments regarding the use of children's testimonies, with some judges in Indonesia admitting children's statements as evidence in cases involving minors, even though we know that children are not sworn in before giving testimony. Therefore, the aim of this study is to analyze the legal strength of children's testimonies as evidence in the criminal justice system, focusing on the case with the District Court Decision Number 135/Pid.Sus/2023/PN. Dpk. This research employs a normative legal research method with a legislative approach, conducted to explore legal issues. The primary data source supporting this research includes the District Court Decision from Depok Number: 282/Pid.Sus/2023/DPK, while secondary data consists of Law Number 35 Year 2014 concerning Amendments to Law Number 23 Year 2002 concerning Child Protection, Law Number 11 Year 2012 concerning Juvenile Justice System, and Law Number 8 Year 1981 concerning Criminal Procedure Code. The findings of this research indicate that the evidentiary strength of children's testimonies as witnesses in the Indonesian criminal justice system depends on the validity of the testimony presented in court. However, the truthfulness and probative value of such testimonies are subject to the judge's subjective assessment, and because the evaluation of witness evidence is generally non-binding, this also applies to child witnesses.

The Death Penalty in the Indonesian Criminal Justice System in the Midst of Global Challenges

The Death Penalty in the Indonesian Criminal Justice System in the Midst of Global Challenges

The Effectiveness of Legal Aid Standards for Suspects in the Indonesian Criminal Justice System in Achieving Access to Justice

The implementation of legal aid service standards, as outlined in Regulation No. 4 of 2021 by the Minister of Law and Human Rights of Indonesia, was expected to enhance the quality of legal aid services. However, in reality, suspects continue to experience inconsistent access to their rights, especially within the criminal justice system. This study aims to investigate the application of these standards across the police, prosecutor's office, and court sectors. Employing an empirical juridical approach with a qualitative and comparative study method, data was gathered through interviews and literature review, then analyzed using content and comparative analysis techniques. The findings reveal that the enforcement of legal aid service standards in the criminal justice system has been ineffective, marked by frequent violations of suspects' rights. These violations include providing indirect assistance, inadequate representation at various stages of trials, appointing advocates not affiliated with accredited LBH (Legal Aid Institute), and advocates displaying insufficient responsiveness and engagement in assisting suspects. Such violations significantly hinder suspects' access to justice within the criminal justice system.

Protecting Children Rights through the Juvenile Criminal Justice System in Indonesia: Issues and Challenges

The Juvenile Criminal Justice System is established to uphold justice for children who engage in criminal proceedings, especially those who perpetrate criminal offense. The System sets up various measures in order to protect the rights of these children. This article aims at evaluating the operation of the Juvenile Criminal Justice System in Indonesia with special concern on the fulfilment of the rights of children who are in conflict with the law. The type of research is that of normative legal research which relies on secondary data in the form of primary and secondary legal material. This normative legal research employs statutory approach. It is found that the rights of children who are in conflict with the law is primary protected through the employment of diversion, the initial step for settling the criminal case outside the judicial system. The operation of the Juvenile Criminal Justice System comes across some obstacles in field, including with regard to the employment of diversion. Therefore, improvement in employing diversion seems to be necessary to achieve better quality of children rights protection.