Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia

Research Article

Construction of Pre Judges Through Judicial Reconstruction Commissioners and Representatives of Protected Rights

Download437 downloads
  • @INPROCEEDINGS{10.4108/eai.17-7-2019.2303463,
        author={Joko  Sriwidodo},
        title={Construction of Pre Judges Through Judicial Reconstruction Commissioners and Representatives of Protected Rights},
        proceedings={Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICSTIAMI},
        year={2021},
        month={1},
        keywords={judicial reconstruction commissioners representatives of protected rights criminal procedure code/ kuhap},
        doi={10.4108/eai.17-7-2019.2303463}
    }
    
  • Joko Sriwidodo
    Year: 2021
    Construction of Pre Judges Through Judicial Reconstruction Commissioners and Representatives of Protected Rights
    ICSTIAMI
    EAI
    DOI: 10.4108/eai.17-7-2019.2303463
Joko Sriwidodo1,*
  • 1: Faculty of Law, Jayabaya University, Jakarta
*Contact email: jokosriwidodo@ymail.com

Abstract

To overcome the implementation of the Draft Criminal Procedure Code/ RUU KUHAP with legal instruments that are more concrete and easy to implement, the Government and the DPR must consider the existence of a Judicial Commissioner in the Criminal Procedure Code/ KUHAP. The presence of the Judicial Commissioner is expected to provide protection to the defendants, in the process of being investigated by investigators, prosecutors until the defendant is finally convicted. On the other hand, it is necessary to regulate facilities and infrastructure for commissioner judges so that the handling can run in accordance with the provisions of laws and regulations. Such a formulation is a feature of formal criminal law so that it is easily understood by the public, especially those who will become candidates or convicted suspects, and as a means of controlling the use of powers given to the law. law enforcement officers. The basic legal principle is that deprivation of the rights of others should not be carried out unless there is an authority to confiscate (detain) and this authority is exercised based on a court decision or court / court's permission.