Indonesian Criminal Justice System Research Articles

The Mechanism Of The Criminal Justice System In Indonesia Towards Women's Legal Protection

The reseach discusses the pervasive issue of sexual violence against women, particularly within the context of domestic and sexual violence. The challenges faced by victims are multifaceted, encompassing psychological conditions, dependence on perpetrators, lack of support from family and society, patriarchal stigma, biased law enforcement, and a deficient legal and social protection system. The hierarchical relationship between victims and perpetrators is deeply rooted in patriarchal social constructions, further exacerbated by discriminatory policies, such as those found in marriage laws. The research emphasizes the economic dependence of victims and societal stigmatization of women's sexuality, attributing blame to victims rather than perpetrators. Existing legal frameworks, exemplified by the Criminal Code, are deemed inadequate and necessitate reform to address various forms of violence against women. The study employs normative legal research methods, utilizing statutory and conceptual approaches, document studies, and observations. Results indicate that the criminal justice system, while having dual functions of crime containment and secondary prevention, often becomes a criminogenous factor. The discussion underscores the need for a more comprehensive and gender-sensitive legal system, drawing attention to international legal instruments and domestic regulations aimed at protecting women's rights and ensuring justice. In conclusion, the abstract advocates for a legal system that integrates gender perspectives and emphasizes the importance of an interdisciplinary approach to maximize protection against violence targeting women.

PENERAPAN ASAS DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK TERHADAP ANAK-ANAK YANG MELAKUKAN TINDAK PIDANA PENCURIAN

ABSTRACT
 Handling children in conflict with the law is often equated with handling criminal acts committed by adults in general. In order to tackle juvenile delinquency (delinquency), legally in Indonesia it has been regulated in various kinds of laws and regulations. One of them is Law Number 3 of 1997 concerning the Juvenile Justice System, the presence of this law is considered to be more likely to use formal jurisprudence by emphasizing retributive punishment. The paradigm of arrest, detention and imprisonment of children has the potential to limit freedom and deprive children of their independence. However, over time criminal cases committed by children in conflict with the law can be resolved using a new mechanism, namely the Diversion system adopted from The Beijing Rules which uses a restorative justice approach. So in this article the author will examine further how to apply the concept of diversion in the juvenile criminal justice system in Indonesia, especially in dealing with the crime of theft where the perpetrators are children. This type of research is of a normative juridical nature to examine laws and regulations in the Juvenile Criminal Justice System, especially the application of the principle of diversion. The type of data used is qualitative data and the data sources used are secondary data using an approach to legal material sources, namely: primary, secondary and tertiary. The results of the research concluded that the application of the diversion principle in the juvenile criminal justice system, especially the resolution of criminal acts of theft committed by children, is carried out with an agreement between the parties involved and expressed in the form of a decision. Prior to this determination, diversion had first been attempted. With this diversion, efforts are made for mediation that will lead to a peace (accord) or settlement between the perpetrator and the victim in accordance with the losses incurred, this is considering that the future of the child is prioritized as the next generation and considering that psychologically children are still not worthy of dealing with the law.
 Keywords: Diversion, Juvenile Criminal Justice System, Theft.

COMPARISON OF PLEA BARGAINING IN THE UNITED STATES WITH “SPECIAL LINE” IN THE DRAFT BOOK OF CRIMINAL PROCEDURE CODE (KUHAP) IN INDONESIA

Plea Bargaining is a faster and more efficient way of resolving criminal cases, where if the Defendant has admitted guilt, the Defendant or his attorney can make an agreement with the public prosecutor regarding the form of indictment and a lighter sentence. Plea Bargaining is widely embraced by Common Law countries. However, in its development, the success of the United States in reducing the pile of cases by using Plea Bargaining has been followed by Civil Law countries such as Germany, France, Russia, Georgia, the Netherlands, Italy, Taiwan. Even in an effort to reform the criminal justice procedural law, Indonesia has also adopted the basic concept of Plea Bargaining into the Draft Criminal Procedure Code with a concept called "Special Line". However, the concept of the Special Line has many differences so that it cannot be fully equated with the Plea Bargaining adopted by the United States. This is because Indonesia adheres to an inquisitorial system, not an adversary system. For this reason, Indonesia needs to study the successes and failures of Plea Bargaining in the United States, so that the Special Line concept that is to be implemented in Indonesia is a concept that has been adapted to the conditions of the criminal justice system in Indonesia.
 Keywords: Plea Bargaining, Special Line, Guilty Confession

The Implementation of Regulations on Human Rights Violations in Legislation in Indonesia

Objective: The enactment of Law Number 39 of 1999 in Indonesia regarding Human Rights was followed by Law Number 26 of 2000 concerning the Human Rights Court, aiming to address various issues of serious human rights violations. However, these regulations have not been effectively implemented. Method: This study utilizes a qualitative methodology with an analytical descriptive specification, aiming to acquire a profound understanding of a specific phenomenon based on the interpretation and subjective experiences of participants. The data is collected from secondary sources, including primary legal sources such as regulations, laws, and court decisions, as well as secondary legal sources encompassing books, articles, and other relevant literature. The data collection techniques encompass literature review to comprehend the theoretical framework, observation for data authenticity, and interviews with relevant institutions to obtain additional information. Results: The Law Number 26 of 2000 concerning the Human Rights Court is insufficient to address human rights violations in Indonesia, including legal weaknesses and ambiguities in implementing legislation, such as the incomplete "element of crimes" of regulated offenses. The resolution of serious human rights violations in the Indonesian criminal justice system based on Law Number 26 of 2000 has not been able to create legal certainty and justice for victims of serious human rights violations. The Law Number 13 of 2006 on Witness and Victim Protection has to some extent provided a normative foundation for the protection of witnesses and victims. Conclusions: The Indonesian Law with number 26 of 2000 regarding the Human Rights Court is deemed inadequate in addressing serious human rights violations in Indonesia, due to weaknesses in legal certainty and justice. Meanwhile, the Indonesian Law with number 13 of 2006 provides a normative foundation for the protection of witnesses and victims.

Implementasi Plea Bargaining System Kedalam Pembaharuan Sistem Peradilan Pidana Tindak Pidana Korupsi

Purpose: This paper aims to provide information and knowledge to readers regarding the implementation of the Plea Bargaining system in the reform of the criminal justice system in tipikor cases. Research methodology: The study uses a normative legal method, which is research that examines document studies using a legislative approach, where this approach reviews all laws and regulations related to the plea bargaining system in the criminal justice system in Indonesia, which are relevant to the legal issues being raised. Results: the results of the research in this study is, The idea of using plea bargaining in an effort to reform the criminal justice system in Indonesia in corruption cases can be found on philosophical grounds based on the 5th principle of Pancasila. which efforts aim to create a judicial principle that is simple, fast and low cost. Limitations: This writing raises the formulation of the problem, namely how the application of the Plea Bargaining system idea can be implemented in an effort to reform the criminal justice system in corruption cases in Indonesia Contribution: The writing of this article is intended for law enforcers and lawmakers so that plea bargaining can be applied in the criminal justice system in Indonesia and provide a sense of justice and the completion of cases that are fast simple and low cost.

Protection of Prisoners' Rights in the Criminal Justice System in Indonesia

Protection of Prisoners' Rights in the Criminal Justice System in Indonesia

Reconstructing Legal Protections for Justice Collaborators within the Criminal Justice System as an Effort to Uncover Common Crimes in Indonesia

Perpetrators of general crimes who are willing to cooperate with law enforcement are commonly referred to as justice collaborators. These individuals play a crucial role as a valuable source of information for law enforcement agencies in unveiling general crimes, particularly those involving intricate criminal networks. Justice collaborators offer testimony, guidance, and even assist in securing substantial evidence to bolster criminal cases currently under investigation by authorities. The primary objective of this research is to examine the overhaul of legal safeguards for justice collaborators within the Indonesian criminal justice system, aiming to facilitate the detection of general criminal activities. This research adopts a normative legal research approach with a statutory focus. The author, in addressing the research question, relies on primary legal sources, secondary legal materials, and tertiary legal references as parameters for problem resolution. For data collection, a qualitative approach was chosen, specifically emphasizing a quality assessment. Consequently, the technique employed for data collection in this study is qualitative analysis. Within this research, two pivotal issues related to reconstruction will be elucidated. First, the study will delve into the prerequisites for conferring justice collaborator status in general crimes. Second, it will explore the reconstruction of general criminal acts as actions eligible for justice collaborator involvement.

Implementing of Restorative Justice to Build the Criminal Justice System in Indonesia: A Study of the Batak Toba Justice System

The pursuit of fairness and harmony between the realization of rights and duties is a cornerstone of human progress. Restorative justice case resolution represents an endeavor to introduce a non-punitive procedure into Indonesia's criminal justice system as part of its ongoing effort to modernize its legal framework. Restorative justice focuses on healing criminal behavior's harm and shattered relationships. This study examined the feasibility of implementing restorative justice aspects into a national criminal justice system, gaining inspiration from the Toba Batak Indigenous People. The methodology was socio-legal. Dalihan Natolu is recognized as an alternative conflict settlement method for Toba Batak. The traditional leader mediates in this conflict resolution. By Batak customary law, the imposition of sanctions is decided by customary judges or kings. Dalihan Natolu then tells the culprit not to repeat his behavior. Dalihan Natolu involves offenders, victims, families of offenders and victims, and other parties in seeking a fair settlement that emphasizes repair above retribution. This helps Dalihan Natolu solve criminal concerns. In indigenous cultures, customary institutions convene the parties engaged in a crime to provide counsel and find solutions that do not harm or profit only one side. Justice is served, and the victim is not harmed.

Robot Lawyer in Indonesian Criminal Justice System: Problems and Challenges for Future Law Enforcement

The rapid advancement of artificial intelligence (AI) introduces unprecedented opportunities and complexities, particularly in its intersection with the legal domain. This study envisions a future where autonomous decision-making robot lawyers play a pivotal role in legal proceedings, providing counsel and representation. Examining the implications of AI’s scientific progress on Indonesian law, normative legal research methods were employed, encompassing statutory, conceptual, comparative, and futuristic analyses. Qualitative scrutiny and content analysis were applied to collected materials. The study reveals the potential of robot lawyers to enhance efficiency in Indonesia’s criminal justice system, aiding in evidence gathering, case analysis, and indictment drafting. This technological integration promises to alleviate the workload of legal professionals and expedite case resolutions, thereby improving public access to legal services. However, challenges loom, including ethical concerns, data security, and professional qualifications. To address these challenges, the study advocates for collaborative efforts among the government, industry, and academia. This cooperation is crucial for formulating regulations and establishing supportive infrastructure for the seamless integration of robot lawyers. Additionally, enhancing digital literacy and public understanding of AI in the legal sphere is emphasized as a vital step toward maximizing the benefits of this technology. In essence, the study underscores the transformative potential of AI in reshaping legal processes, emphasizing the need for a concerted, informed effort to navigate the challenges and optimize the benefits of this evolving technological landscape.

Reconstruction of the Concept of Restorative Justice of the Criminal Justice System in Indonesia

Restorative justice is basically an approach to criminal law that contains a number of traditional values. This is based on two indicators, namely the values on which it is based and the mechanisms it offers. This is the basis for considering why the existence of restorative justice is being taken into account again. The existence of this approach is perhaps as old as criminal law itself. Apart from imprisonment which has consequences for the prisoner's family, the current system is seen as not providing relief or healing to the victims. Moreover, the legal process takes a long time. In contrast, in the restorative model the emphasis is on conflict resolution. This idea of Restorative Justice has also been accommodated in the Criminal Code Bill, namely the introduction of an alternative criminal system in the form of social work sentences and supervision sentences. So that in the end, Restorative Justice pays attention simultaneously to the interests of crime victims, crime perpetrators and society.

Analisis Rechtsvacuum dalam Hukum Acara Pidana Indonesia: Penerapan Penghentian Penuntutan Berdasarkan Keadilan Restoratif

Within the context of criminal procedural law in Indonesia, the Criminal Procedure Code (often referred to by its Indonesian acronym, KUHAP) serves as the primary normative foundation governing the prosecution process. While the KUHAP intrinsically emphasizes a retributive justice paradigm, the global legal thought trend is currently shifting towards restorative justice (RJ). A crucial element in the KUHAP that warrants further scrutiny in this context is the prosecutorial discretion concerning the discontinuation of prosecutions. This research zeroes in on the analysis of the legal void or rechtsvacuüm in relation to RJ within the KUHAP, encompassing a comparative study with RJ models applied in various jurisdictions, such as the United States, the Netherlands, Japan, and Germany. The primary objective is to identify aspects of the KUHAP, especially those related to prosecutorial discretion, that have the potential to be harmonized with RJ principles, thereby supporting the restoration of relationships among offenders, victims, and the community. The findings from this analysis are hoped to inspire a more adaptive and inclusive reform of the criminal justice system in Indonesia. As recommendations, this research suggests the formulation of more explicit regulations, enhancement of the capacity of law enforcement officers through education and training, and collaboration with countries that have a proven track record in implementing RJ.

Lembaga Bantuan Hukum Bagi Hak Tersangka Dalam Pradilan Pidana di Indonesia

Research aims to analyze the norms related to legal aid in legislation by providing legal protection for suspects and to analyze the role of legal assistance in legal protection of suspects in the criminal justice system in Indonesia. The problems to be examined are regarding the formulation of norms related to legal aid in legislation and the role of legal aid institutions in providing guarantee protection for suspects in the criminal justice system in Indonesia. Research uses a normative juridical approach by collecting primary, secondary and tertiary data. Research uses a conceptual approach and data analysis techniques by interpreting, assessing and evaluating. Based on this research, it was found that in the Criminal Procedure Code there are legal aid norms, in which there are still contradictions with one another (contradiction determinists), as well as provisions governing the role of legal aid, in this case, legal aid institutions have not played a good role, so many rights of suspects who are still neglected during the examination process.

Kajian Yuridis Terkait Hak-Hak Tersangka Menurut Hukum Positif


 
 
 
 
 
 
 
 
 
 
 
 
 The institution appointed to tackle crimes or violations that occur in the community is the police agency. As stated in the criminal procedure code (KUHAP), the police agency is given the authority to conduct investigations. The investigation process is carried out on the suspects who are suspected of having committed a criminal act that occurred. In an effort to prove that a person is suspected of having committed a criminal act, law enforcement officials must pay attention to the rights of suspects as stipulated in applicable law. Based on the above, the problem that will be discussed in this writing is about what rights are obtained by suspects according to the Criminal Procedure Code and Human Rights as a manifestation of protecting dignity and dignity as human beings. As for the research method used is a normative research method which of course focuses on literature research to obtain secondary data from legal materials. The normative approach is carried out by reviewing the provisions or applicable laws and regulations. The results of the study that the rights of suspects in the Criminal Justice System in Indonesia have officially received legal recognition as stipulated in Law Number 39 of 1999 concerning Human Rights and Law Number 8 of 1981 concerning Criminal Procedure Law known as the Code of Criminal Procedure (KUHAP) as respect as a complete human being, who has dignity and dignity.
 
 
 
 
 
 
 
 
 
 
 
 

Urgensi Konsep Pembaruan Perlindungan Hukum Terhadap Whistleblower Tindak Pidana Korupsi di Indonesia

The existence of a whistleblower really benefits law enforcers in uncovering criminal acts of corruption. The role of a whistleblower in uncovering criminal acts of corruption carries a very big risk considering that many parties feel disadvantaged because of the testimony of a whistleblower. Protection for whistleblowers must be provided with clear and adequate statutory provisions considering that the role of a whistleblower is very important and carries rather high risks. The problem in this research is the urgency of legal protection for whistleblowers for criminal acts of corruption amidst the lack of existing laws and regulations in Indonesia and the concept of legal protection for whistleblowers in efforts to eradicate criminal acts of corruption in Indonesia in the future. The method used in this research uses a normative juridical research type which places law as building norms with a statutory approach, a conceptual approach and a comparative approach. This research discusses, firstly, the important role of a whistleblower that needs to be given comprehensive protection, not only limited to legal protection and special protection that applies during the criminal justice process, but also needs to be implemented after the criminal justice process has been completed. Second, to provide optimal protection for whistleblowers, a legal reform concept is needed, such as in the United States, it is necessary to create laws and regulations regarding institutions that specifically regulate and handle whistleblowers in a comprehensive manner adapted to the Indonesian criminal justice system and special unit to take care of whistleblowers is formed.

Kedudukan Penyidik Kepolisian Terhadap Kewenangannya Menangani Perkara Tindak Pidana Korupsi Penyalahgunaan Wewenang Menurut Perspektif Sistem Peradilan Pidana

This paper focuses on the role and challenges of Polri investigators in the Indonesian criminal justice system, particularly in handling cases of corruption and abuse of power. The purpose of this research is to examine the position of Polri investigators in their authority to handle the case and to identify the obstacles they face. The normative juridical research method used in this research uses primary and secondary data. The results of the study show that the position of Polri investigators is based on the concept of values or basic ideas for the establishment of the Criminal Procedure Code which requires conducting professional investigations and meeting the demands of the general court. This position is regulated in Law Number 2 of 2002 concerning the Indonesian National Police and Law Number 8 of 1981 concerning Criminal Procedural Law. Obstacles faced by Polri investigators in their authority to handle cases of corruption and abuse of authority include: confusion and contradictions in the interpretation of the Corruption Eradication Law, wrong understanding of the law by law enforcement officials, and limited infrastructure and information technology. This research provides important insights into the role and challenges of Polri investigators in the criminal justice system in cases of corruption and abuse of power.

Alternative Punishment in Criminal Legal System in Indonesia

This research aims to find alternative punishment implementation strategies in the integrated justice system. The weak deterrent effect and latent problems have made the Indonesian criminal justice system ineffective. The author uses normative juridical research with a statutory law approach and also a comparative study with the Dutch criminal law system. Distributive justice becoming restorative justice has the potential to provide a sense of justice and legal certainty and support an effective justice system because, in addition to being able to reduce the level of inmates, it can also save the state budget in providing prison facilities and increase community acceptance of ex-convicts to return to being independent human beings.

RESTORATIVE JUSTICE FORMULATION POLICY IN THE JUVENILE CRIMINAL JUSTICE SYSTEM IN INDONESIA

The aim of this research is to understand and evaluate restorative justice formulation policies in the juvenile criminal justice system in Indonesia. The judicial normative method is employed in this research approach. It can be concluded that in order to achieve restorative justice for every child, to create a balance between the interests of the perpetrator and the victim, and to also pay attention to the impact settlement of criminal cases so that they can live, grow, and develop, it is necessary to pay attention to how these provisions can be implemented in society, not just in the formulation of all laws and regulations.

Exploring the Effectiveness of Restorative Justice Practice in Criminal Law System

The criminal justice system in Indonesia, like many other countries, faces the challenge of effectively addressing crime while ensuring justice for victims and rehabilitation for offenders. In response to the limitations of the traditional punitive approach, restorative justice has emerged as an alternative paradigm, emphasizing healing, reconciliation, and community involvement. This research study aims to trace the effectiveness of restorative justice practices within the Indonesian criminal justice system through a comparative analysis. By employing a mixed-methods approach, the research combines quantitative data from official criminal justice statistics and qualitative data from interviews, case studies, and focus groups. The findings reveal that restorative justice cases demonstrate higher rates of victim engagement, increased offender accountability, and lower recidivism rates compared to conventional cases. Victims express higher levels of satisfaction with the restorative justice process, and practitioners acknowledge its potential benefits. However, challenges in implementation and the need for community support are also evident. The research contributes to the ongoing discourse on criminal justice reform in Indonesia and provides evidence-based insights to guide policymakers in developing a more balanced and effective approach to addressing crime and promoting justice, healing, and restoration within society.

Transformation of International Criminal Justice Principle into Indonesia National Criminal Justice System: How Domestic Law Adopt Global Values?

Indonesia is one of the countries that adhere to a legal system in it. As a rule of law, of course, it has become a natural thing when all the activities and activities of each individual and the state have been regulated under the rule of law. To create law, specifically a better criminal law. So it is necessary for law enforcement, the rule of law, the legal process, and all aspects of the law to be better. All of these aspects have been regulated in the criminal justice system. The criminal justice system requires synchronization, where the contents of this synchronization will regulate aspects of substance, structural aspects, and cultural aspects in it. Where all of these aspects must be able to synchronize with each other to integrate with a substantial aspect. The role of international criminal law as one of the guidelines in the national criminal justice system is very closely related. The author wants to examine what is the National and International Criminal Justice Systems? and What is the relationship between the Indonesian criminal justice system and international criminal law?International Criminal Law; National; Criminal Justice System.

Reconstructing the Authorities of Investigators of the Financial Service Authority

Objective: Reconstruction of the authorities of investigators of the Financial Service Authority (FSA) as special investigators is needed to shed light on special cases of economic crimes in the financial services sector. Method: For investigators in general, it is difficult to handle such cases which have so far been assigned to the Police institution which basically has the main task of protecting society and maintaining public order. This has affected the powerless image of the criminal justice system in Indonesia in meeting the expectations of consumers and justice seekers as well as supporting national economic growth in a sustainable and stable manner, as defined to be the objective of the FSA establishment. This research method is empirical. Result: The results of the study show that the KSP Indosurya case worth IDR 106 trillion ended in the imprisonment of the plaintiff's lawyer while the defendant was declared acquitted because the criminal case was decided to be addressed as a civil case. Of course, this problem was rooted in a misdiagnosis at the stage of investigation and prosecution. Conclusion: For this reason, there must be a special investigative institution to handle special cases that will screen economic crimes in the financial services sector before they are forwarded to the courtroom.