Dr. Beniharmoni Harefa S.H., LL.M - HUKUM ACARA PIDANA

Summary

In this Indonesian legal lecture, Dr. Beniharmoni Harefa explores the procedural aspects of criminal law, known as 'hukum acara pidana.' The lecture delves into the formal legal processes from investigation to trial and sentencing, emphasizing the importance of upholding substantive criminal law. Key topics include the principles of legal proceedings, the significance of evidence, and the rights of the accused. The lecture aims to provide a comprehensive understanding of the Indonesian criminal procedure code, as outlined in the Law No. 8 of 1981, and its application in ensuring justice.

Takeaways

• 📚 The lecture is on 'Hukum Acara Pidana', or Criminal Procedure Law, given by Beniharmoni Harefa, a lecturer at the Faculty of Law, UGM Trans Jakarta.
• 📖 Hukum Acara Pidana is the formal law that regulates the implementation and maintenance of substantive criminal law, as defined by various experts.
• 🇮🇩 The legal framework for Criminal Procedure Law in Indonesia is outlined in Law No. 8 of 1981, covering investigation, prosecution, adjudication, and enforcement of judicial decisions.
• 🔍 The purpose of studying Criminal Procedure Law is to understand the process of enforcing criminal law and to grasp the legal principles and values related to case handling.
• 👮‍♂️ The mechanism for resolving a criminal case starts with a legal incident, followed by investigation, prosecution, trial in court, and potentially appeals and enforcement of the court's decision.
• 🏛 The trial process in court includes reading the indictment, responses from the prosecutor, examination, evidence presentation, defense, and the final verdict.
• 📝 Several basic principles of Criminal Procedure Law include the right to a fair trial, equality before the law, the presumption of innocence, and the right to legal assistance.
• 🔎 Investigation is a series of actions to find and determine if an incident is a criminal act, as regulated by Article 1(5) of the 1981 Law.
• 🔒 Forced measures such as arrest, detention, search, seizure, and examination are part of the investigation process and are regulated by the Criminal Procedure Law.
• 📋 The trial in court can be divided into ordinary, summary, and expedited trials, each with specific procedures and purposes.
• 📊 Evidence in court includes witness testimony, expert testimony, documentary evidence, and the defendant's statement, with at least two pieces of evidence required for a conviction.

Q & A

What is the main topic of the lecture?

The main topic of the lecture is 'Hukum Acara Pidana' or 'Criminal Procedure Law', focusing on the formal aspects of criminal law in Indonesia.

What is the purpose of studying Criminal Procedure Law?

The purpose of studying Criminal Procedure Law is to understand the process of enforcing criminal law and to comprehend the legal rules, principles, and values related to the handling of a criminal case.

What does 'hukum pidana formil' refer to in the context of the lecture?

'Hukum pidana formil' refers to the formal criminal law that regulates the methods of implementing and maintaining the substantive criminal law.

How is Criminal Procedure Law regulated in Indonesia?

Criminal Procedure Law in Indonesia is regulated through Law No. 8 of 1981, which covers investigation, prosecution, trial, forced measures, court decisions, and the implementation of court decisions.

What are the two main objectives of learning Criminal Procedure Law mentioned in the script?

The two main objectives are to understand the process of criminal law enforcement and to grasp the legal rules, principles, and values related to the handling of a case.

What is the initial step in resolving a criminal case according to the script?

The initial step in resolving a criminal case is the occurrence of a legal event or incident, followed by the investigation process to determine whether the incident constitutes a criminal act.

What are the stages of a criminal case process mentioned in the script?

The stages mentioned are investigation, prosecution, trial, examination in court, evidence presentation, defense, and the final verdict or judgment.

What are the basic principles of Criminal Procedure Law outlined in the lecture?

The basic principles include justice based on the One Supreme God, equality before the law, no punishment without valid evidence and conviction, written order, presumption of innocence, compensation and rehabilitation, simple and inexpensive trial, legal aid, mandatory prosecution, presence of the accused, open trial for the public, and reasoned judgment.

What is the difference between 'hukum pidana materiil' and 'hukum pidana formil' as explained in the script?

Hukum pidana materiil refers to the substantive criminal law that defines crimes and their punishments, while hukum pidana formil refers to the procedural law that governs the process of implementing and maintaining the substantive criminal law.

What are the types of evidence mentioned in the script for proving a criminal case in court?

The types of evidence mentioned include witness testimony, expert testimony, documentary evidence, defendant's confession, and other relevant evidence.

What are the types of court decisions mentioned in the script?

The types of court decisions are acquittal (free from all charges), release (from certain charges), and conviction (criminal punishment).

What are the legal remedies available after a court decision according to the script?

The legal remedies available include ordinary legal remedies such as appeal, cassation, and extraordinary legal remedies such as cassation for the sake of law and re-examination.

How is the implementation of a court decision regulated in Criminal Procedure Law?

The implementation of a court decision is regulated in Articles 270-274 of the Criminal Procedure Law, covering various aspects of the enforcement process.