Open AccessREKONSEPTUALISASI JALUR KHUSUS DALAM RANCANGAN KUHAP SEBAGAI BENTUK REFORMASI SISTEM PERADILAN PIDANA INDONESIA
Author(s) -
Ladito Bagaskoro
Publication year - 2021
Publication title -
arena hukum
Language(s) - English
Resource type - Journals
eISSN - 2527-4406
pISSN - 0126-0235
DOI - 10.21776/ub.arenahukum.2021.01401.10
Subject(s) - criminal procedure , plea , law , criminal code , political science , normative , code (set theory) , criminal law , computer science , set (abstract data type) , programming language
The significant increase in the pile of case files between 2016 and 2019 led to the need for concepts or methods that can create judicial efficiency. In the spirit of reforming the Criminal Procedure Code, the drafting team of the Criminal Procedure Code tries to include procedures aimed at shortening and expediting procedural procedures through the existence of a special pathway in Indonesian criminal procedural law in the future, which is inspired by the concept of plea-bargaining in the United States and Britain. This normative research uses conceptual and comparative law. The result shows that a special line was given to the defendant who admitted to the criminal act charged making the trial hearing shorter. Second, there are several fundamental differences between the special lines in the Draft Criminal Procedure Code and plea bargaining in the United States, especially in the agreement between the defendant or legal adviser and the public prosecutor, the process for confessing the accused, the criminal acts included, and the position of the judge in their respective processes.