PRAKTIK PERADILAN PIDANA (Perangkat & Tata Letak Ruang Sidang)

Summary

In this lecture, students of Universitas Sultan Ageng Tirtayasa are introduced to the procedures of a criminal trial. The lecture covers key courtroom personnel, including judges, prosecutors, legal counsel, and clerks, along with their roles in the trial process. The layout of the courtroom is explained in detail, including the positioning of various participants and the national symbols. The session concludes with a brief preview of upcoming lessons on the stages of a criminal trial, encouraging students to stay engaged despite the challenges of the ongoing pandemic.

Takeaways

• 😀 The lecture is aimed at students of Sultan Ageng Tirtayasa University, Semester 6, studying Criminal Justice, with a focus on criminal trial procedures.
• 😀 The lecture is being conducted via YouTube, with hopes for the eventual return of in-person classes after the pandemic.
• 😀 The main topic of the lecture is the procedure of criminal trials, including the roles and responsibilities of the courtroom personnel.
• 😀 The key personnel in a criminal trial include the judge, public prosecutor, defense lawyer, court clerk, and other supporting roles like bailiffs and interpreters.
• 😀 The judge’s role is defined by Indonesian law (KUHAP) as being responsible for hearing, examining, and ruling on criminal cases impartially.
• 😀 The prosecutor, or 'jaksa penuntut umum,' has the authority to prosecute cases in court. There is a distinction between 'jaksa' and 'penuntut umum' in legal terminology.
• 😀 Defense lawyers provide legal assistance to the accused, representing them throughout the trial process, as mandated by Indonesian law and the Advocate Law.
• 😀 The court clerk assists the judge by maintaining records of the proceedings, preparing minutes, and reporting the outcomes of the trial.
• 😀 Supporting personnel such as bailiffs, interpreters, summons officers, and security staff ensure that the trial process runs smoothly and safely.
• 😀 The courtroom layout is outlined by KUHAP, with specific placements for symbols like the national emblem and flags, and defined seating arrangements for the judge, prosecutor, defense lawyer, defendant, and the public.

Q & A

What is the main focus of this lecture?

The main focus of the lecture is the procedural aspects of criminal trials, specifically the roles of courtroom personnel and the layout of the courtroom during a criminal case in Indonesia.

Who are the key personnel involved in a criminal trial?

The key personnel in a criminal trial include the judges, public prosecutors, defense lawyers, clerks, expert witnesses, bailiffs, and security officers.

What role does a judge play in a criminal trial?

The judge presides over the trial, making decisions based on the law, fairness, and impartiality. They receive, examine, and rule on the criminal case, ensuring the process is conducted properly.

What is the distinction between 'Jaksa' and 'Penuntut Umum'?

'Jaksa' refers to the role of a prosecutor with broad powers, including investigation and enforcement, while 'Penuntut Umum' specifically refers to a prosecutor responsible for prosecution in front of a judge, based on the Criminal Procedure Code (KUHAP).

What is the role of the defense lawyer (Penasehat Hukum) in a trial?

The defense lawyer provides legal assistance to the accused during both the investigation and trial stages, ensuring the accused's rights are protected. The role of defense lawyers has evolved with the implementation of the Indonesian Advocacy Law.

What responsibilities does the Panitera Pengganti (substitute court clerk) have?

The Panitera Pengganti helps the judge by maintaining accurate records, preparing reports, documenting proceedings, and ensuring that all court actions are properly recorded and reported to the court.

What additional personnel support the trial process?

In addition to judges, prosecutors, and defense lawyers, other personnel include expert witnesses, bailiffs, and security officers. These individuals assist in maintaining order and ensuring the safety and effectiveness of the trial.

What is the layout of the courtroom according to the KUHAP?

The courtroom layout follows specific guidelines in the KUHAP, including the placement of national symbols, such as the Indonesian flag and Garuda Pancasila emblem. The judge sits at the center, while the prosecutor and defense lawyer are seated on opposite sides. The accused, witnesses, and public are placed according to their roles.

Where are the national symbols placed in the courtroom?

The Garuda Pancasila emblem is placed above the judge's desk, the Indonesian flag is placed to the right of the judge, and the Panji Pengayoman (emblem of protection) is placed on the left.

What does the lecturer emphasize about the importance of maintaining a structured trial layout?

The lecturer emphasizes that maintaining a clear and structured courtroom layout is essential for ensuring an organized, transparent, and fair trial process. It helps all parties to understand their roles and ensures the trial progresses without confusion.