SISTEM PERADILAN PIDANA INDONESIA (Criminal Justice System)

Summary

This video script discusses the Indonesian Criminal Justice System, detailing the stages of criminal proceedings based on Indonesian Law No. 8 of 1981. It outlines the roles of the police in investigation, the public prosecutor in pressing charges, and the court in adjudication. The script also covers the appeal process, including higher court reviews and the final authority of the Supreme Court. It concludes with the implementation of court decisions, emphasizing the system's interlocking nature to ensure justice.

Takeaways

• 📚 The Criminal Justice System in Indonesia is governed by the Law No. 8 of 1981 concerning the Criminal Code.
• 🔍 The system includes an integrated and interlocking process that must be followed for the proper functioning of criminal proceedings.
• 👮‍♂️ The first stage of the process is under the jurisdiction of the Indonesian National Police (POLRI) for investigation and prosecution.
• 🔎 Investigation involves a series of actions to uncover a suspected criminal event, while prosecution is the collection of evidence to clarify the crime and determine the perpetrator.
• 📄 After the investigation, the case files are handed over to the Public Prosecutor within 20 days.
• 🤵 The Public Prosecutor has the authority to review the case, hand over the suspect and evidence to the court, and then proceed with the indictment and trial at the court.
• ⚖️ The trial phase includes various legal procedures such as the prosecutor's indictment, the defendant's plea, examination of evidence, and the final verdict by the judge.
• 📢 If the defendant is not satisfied with the court's decision, they can appeal through legal remedies such as appeal (banding), cassation (kasasi), or review (peninjauan kembali or PK).
• 🏛 The highest legal remedy is cassation, which can be submitted to the Supreme Court, and its decisions are binding.
• 🔚 The final stage is the enforcement of the court's decision, which may involve the execution of a prison sentence in a correctional institution.

Q & A

What is the basis of the Criminal Justice System in Indonesia?

The basis of the Criminal Justice System in Indonesia is the Law of the Republic of Indonesia Number 8 of 1981 concerning the Criminal Procedure Code.

What does the term 'Criminal Justice System' imply in the context of the script?

In the context of the script, 'Criminal Justice System' refers to the system that regulates how criminal law enforcement is carried out, including the integrated and interlocking processes involved in criminal trials.

Which authority holds the power of investigation and prosecution under the Criminal Justice System in Indonesia?

Under the Criminal Justice System in Indonesia, the authority that holds the power of investigation and prosecution is the Indonesian National Police (POLRI).

What is the difference between 'penyelidikan' and 'penyidikan' as mentioned in the script?

In the script, 'penyelidikan' refers to the series of actions by investigators to find and determine if a suspected criminal event occurred, while 'penyidikan' refers to the series of actions by prosecutors to collect evidence and clarify the criminal act and the person responsible, according to the law.

After the investigation, what happens to the case files in the Criminal Justice System?

After the investigation is completed, the case files, which are the product of the investigation, are handed over to the Public Prosecutor.

What is the role of the Public Prosecutor in the Criminal Justice System?

The Public Prosecutor, also known as the penuntut umum, is authorized by law to conduct prosecutions and implement the appointment of judges. They can create indictments, submit cases to court, and conduct prosecutions against the accused in court.

What are the stages of a trial as described in the script?

The stages of a trial include the indictment by the Public Prosecutor, the defense's objection (sepsi), the Public Prosecutor's response to exceptions, the examination of evidence, the Public Prosecutor's accusation, the defense's plea, the Public Prosecutor's rebuttal, the public's response to the rebuttal, and finally, the judge's decision.

What is the 'upaya hukum' and when can it be applied according to the script?

The 'upaya hukum' is a legal remedy that can be applied if the accused or the Public Prosecutor is not satisfied or disagrees with the judge's decision. It includes options like appeal (banding), cassation (kasasi), and review (peninjauan kembali or PK).

What are the three types of legal remedies (upaya hukum) mentioned in the script?

The three types of legal remedies mentioned in the script are banding (appeal), kasasi (cassation), and peninjauan kembali or PK (review).

What is the final stage of the Criminal Justice System as described in the script?

The final stage of the Criminal Justice System is the enforcement of the court's decision, which has become legally binding, carried out by the Public Prosecutor. If the decision includes a prison sentence, the convicted person will serve the sentence in a correctional institution.