Open AccessProblematika Fungsi Hakim Pengawas dan Pengamat Dalam Sistem Peradilan Pidana Indonesia: Tinjauan Studi Socio-Legal
Author(s) -
H Muhamad Rezky Pahlawan,
Chessa Ario Jani Purnomo
Publication year - 2020
Publication title -
sang pencerah/sang pencerah
Language(s) - English
Resource type - Journals
eISSN - 2655-2906
pISSN - 2460-5697
DOI - 10.35326/pencerah.v6i2.709
Subject(s) - bureaucracy , institution , law , legal research , political science , criminal procedure , legal certainty , state (computer science) , administration (probate law) , criminal justice , politics , sociology , computer science , algorithm
In this study, the author considers 3 (three) reasons that are considered important such as philosophical aspects, aspects of criminal law theory, and political aspects of national criminal procedural law after describing 5 (five) previous legal scientific studies related to the implementation of supervisory judges and observers in the criminal justice system. This study aims to reflect on the legal principles of the kimwasmat institution and build models and patterns of implementing the kimwasmat institution. This research intends to answer 2 (two) legal issues: firstly, what are the legal principles contained in Article 280 of the KUHAP. Secondly, what is the model and pattern of implementation of the supervisory and observer judge institutions based on Article 280 of the KUHAP. This legal research uses the socio-legal research method, the materials of which are the results of interviews of judges in deliberate district courts, study of court official documents, relevant laws and regulations to legal issues, legal theory and social science theories. This study found, firstly, the function of kimsmat based on the principle of legal certainty and the principle of benefit which seeks to be married into the principle of certainty which is useful based on Pancasila. Finally, the classical bureaucratic model and the institutional model as well as the aspects of state administration to explain the management and control functions of the authority of the kimwasmat become the basis for the court to carry out criminal objectives.