ASAS-ASAS DAN PRINSIP HUKUM ACARA PIDANA BAGIAN 1 (PERTAMA)

Summary

This video explores the fundamental principles of criminal procedure law in Indonesia. It covers key legal concepts such as the principle of legality, presumption of innocence, balance before the law, limitations on detention, compensation and rehabilitation, unification of legal practices, and functional differentiation. These principles ensure fairness and justice in the criminal justice system, safeguarding individual rights and maintaining legal consistency across the country. The video emphasizes the importance of adhering to these principles in the legal process to protect citizens and uphold the rule of law.

Takeaways

• 😀 The principle of **Legalitas (Legality)** requires all criminal procedural actions to be based on established legal rules, ensuring actions are grounded in positive law.
• 😀 **Asas Keseimbangan (Balance)** emphasizes equality before the law for all individuals involved, ensuring no party is given preferential treatment during legal proceedings.
• 😀 **Asas Praduga Tak Bersalah (Presumption of Innocence)** ensures that no one can be considered guilty until proven so in court, protecting individuals from unjust punishment.
• 😀 **Asas Pembatasan Penahanan (Limitation on Detention)** restricts the duration of detention to safeguard personal freedom and prevent prolonged imprisonment without legal cause.
• 😀 **Asas Ganti Rugi dan Rehabilitasi (Compensation and Rehabilitation)** provides individuals wrongfully detained or convicted the right to seek compensation and rehabilitation for any damage caused.
• 😀 **Asas Unifikasi (Unification)** dictates that a unified legal procedure applies across all of Indonesia, overriding previous local legal practices and ensuring consistency in criminal law.
• 😀 **Asas Diferensiasi Fungsional (Differentiation of Functions)** establishes distinct roles and functions for different legal entities, such as police, prosecutors, and judges, each with a specific role in the justice process.
• 😀 **The concept of 'do process of law'** ensures that criminal procedures follow clearly defined and legitimate legal rules, prohibiting any arbitrary actions or abuse of power by law enforcement.
• 😀 The **Presumption of Innocence** is crucial to ensuring that individuals are treated as innocent until proven guilty, with no mistreatment or bias during legal investigations.
• 😀 **Unification of criminal procedural law** in Indonesia eliminates previous regional legal disparities, ensuring a national standard for all criminal legal actions, regardless of geographical location.

Q & A

What is the principle of legality in criminal procedural law?

The principle of legality means that all actions by law enforcement must be based on valid and existing legal provisions. This ensures that no action can be taken unless explicitly permitted by law, maintaining due process and preventing abuse of power.

What does the presumption of innocence mean in the context of criminal law?

The presumption of innocence is a fundamental legal principle that asserts that an individual is considered innocent until proven guilty by a court of law. This prevents people from being treated as criminals without legal proof and protects individual rights during the judicial process.

How does the principle of balance operate in criminal procedural law?

The principle of balance ensures equality before the law, meaning that both the accused and the accuser have equal rights during legal proceedings. No party should receive special treatment, and the legal process must treat both sides with fairness and impartiality.

What is the significance of limiting detention in criminal law?

Limiting detention is critical to prevent abuse of power and to safeguard individual freedoms. The law sets clear timeframes for how long a person can be detained, ensuring that detention does not extend beyond the lawful limits, which helps protect the individual's right to liberty.

What are the rights to compensation and rehabilitation in criminal law?

Individuals who are wrongfully detained or convicted are entitled to compensation for the harm caused. Furthermore, rehabilitation is provided to individuals whose criminal records are cleared or who are acquitted, helping to restore their good name and public standing.

What does the principle of unification in criminal procedural law entail?

The principle of unification ensures that the same legal procedures are applied uniformly across Indonesia, replacing earlier laws that were region-specific. This creates a consistent approach to criminal law throughout the country.

What does the principle of functional differentiation mean in criminal law?

Functional differentiation refers to the specific roles and responsibilities assigned to different legal institutions. For example, police are tasked with investigation, prosecutors with prosecution, and judges with making rulings. This division of functions ensures that each body focuses on its area of expertise.

What is the role of legal protection under the principle of presumption of innocence?

Under the presumption of innocence, legal protection is provided by ensuring that no one is subjected to unjust treatment or punishment before being proven guilty. This includes protection from wrongful detention and the assurance of fair trials.

How does the legal system prevent abuse of power during criminal investigations?

The legal system prevents abuse of power by enforcing strict guidelines for legal procedures and ensuring that all actions taken by law enforcement officers, such as detention or investigation, are based on existing legal frameworks. This includes provisions like the legal review of detention times and protection against mistreatment.

What are the potential outcomes when a person is wrongfully arrested or detained?

When a person is wrongfully arrested or detained, they have the right to claim compensation and rehabilitation. If they are proven to be innocent, their criminal record is cleared, and they are entitled to reparations for the wrongful actions taken against them.