CD Skripsi

Konsep Plea Bargaining Sebagai Inovasi Efektivitas Peradilan Pidana Di Indonesia Dikaitkan Dengan Hukum Progresif

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The judiciary in Indonesia adheres to the principle of simple, fast and low-cost justice, as stated in Article 2 paragraph (4) of Law Number 48 of 2009 concerning Judicial Power. This principle is adopted so that the judicial process can run effectively. However, in reality, this principle has not been implemented properly. The judiciary currently faces complex problems, especially the problem of case backlogs and the problem of prison overcapacity. To overcome these problems, legal reform is needed, by implementing plea bargaining in formal criminal law in Indonesia. In several countries, for example the United States and France, plea bargaining has proven effective in reducing the backlog of cases in court.
This study aims to determine the urgency of plea bargaining in criminal procedure law in Indonesia. Another objective is to find the concept of plea bargaining in criminal procedure law in Indonesia in relation to progressive law. This study is a type of normative legal research using an approach to legal principles and comparative law. This study uses secondary data by elaborating primary, secondary and tertiary legal materials that are relevant to the research topic. The analytical tools used to answer the problems in this study are the theory of the legal system, the theory of legal reform and the theory of progressive law. The data in this study were analyzed qualitatively and deductively drawn.
This research proves that the phenomenon of case accumulation and the problem of overcapacity are serious problems facing the criminal justice system in Indonesia. This is serious because it ultimately makes the criminal justice process ineffective and is not in line with the principles of fast, simple, and low-cost justice. So there needs to be a new breakthrough by adopting plea bargaining in the reform of the Criminal Procedure Code as formal criminal law in Indonesia. Plea bargaining emphasizes imposing a light sentence on the defendant in exchange for admitting guilt to the public prosecutor. When linked to the progressive legal theory proposed by Professor Satjipto Rahardjo, plea bargaining is in line with and correlated with progressive legal values, including that the presence of law is solely for humans, not the other way around, and the law is not an institution that is final and absolute; the law Progressive itself places equal importance on legal certainty, justice, and expediency. However, bargaining must still have certain limitations in an effort to create legal certainty in law enforcement.
Even though the concept of restorative justice is known as a non-litigation effort, it has not been able to stem the problem of case buildup and prison overcapacity. So, in fact, the government, as the highest authority, needs to consider the plea bargaining mechanism as an ius constituendum in the spirit of formal criminal law reform. However, you still have to pay attention to certain limitations, which are also explicitly regulated in the draft KUHAP, or implement regulations that substantially clarify the limitations of plea bargaining. Limitations are important so that plea bargaining practices are not carried out haphazardly.
Keywords: Judicial-KUHAP-legal reform-plea bargaining- progressive law.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909113774

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Pidana., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909113774

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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