SISTEM PERADILAN PIDANA INDONESIA (Criminal Justice System)

Sobat Hukum Indonesia

8 Nov 202107:06

Summary

TLDRThis 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.

Outlines

00:00

🏛 Introduction to the Indonesian Criminal Justice System

This paragraph introduces the topic of the Indonesian Criminal Justice System, highlighting its basis in the Indonesian law number 8 of 1981 concerning criminal law and procedure. It emphasizes the integrated and interlocking nature of the system's processes, which are necessary for its successful operation. The paragraph outlines the initial stages of the system, which are under the jurisdiction of the Indonesian National Police (POLRI) for investigation and prosecution. The investigation phase involves a series of actions to identify and determine whether a criminal act has occurred, while the prosecution phase involves the collection of evidence to clarify the occurrence of a crime and to identify the perpetrator. The paragraph concludes by discussing the handover of case files from the investigators to the public prosecutor.

05:00

📚 Further Stages of the Criminal Justice Process

The second paragraph delves into the subsequent stages of the criminal justice process in Indonesia. It details the role of the public prosecutor, who is empowered by law to conduct prosecutions and enforce court decisions. The prosecutor's responsibilities include drafting indictments, submitting cases to court, and conducting trials against the accused. The paragraph outlines the trial process, which involves various legal procedures such as the prosecutor's charges, the defendant's objections or counterarguments, the prosecutor's rebuttals, and the presentation of evidence. It also discusses the possibility of the accused or the prosecutor appealing the court's decision through legal avenues, including 'banding' (appeal to a higher court), 'kasasi' (final appeal to the Supreme Court), and 'PK' or 'peninjauan kembali' (limited review by the Supreme Court under specific conditions). The paragraph concludes with a discussion of the final stage, the enforcement of court decisions, which is carried out by the prosecutor and may involve the convicted person serving a prison sentence.

Mindmap

Keywords

💡Criminal Justice System

The Criminal Justice System refers to the institutions and processes established in law for the apprehension, charging, trial, and punishment of犯罪嫌疑人. In the context of the video, it is the overarching theme, detailing how the system operates in Indonesia to maintain law and order. The script discusses the various stages of the system, from investigation to prosecution and trial, highlighting its integrated and interlocking nature.

💡Indonesian Criminal Procedure Law

Indonesian Criminal Procedure Law, or 'Kitab Undang-Undang Hukum Acara Pidana' (KUHAP), is the legal framework governing the criminal justice process in Indonesia. The video script mentions this law as the basis for the Criminal Justice System, outlining the procedures for investigation, prosecution, and trial that must be followed to ensure a fair and just process.

💡Investigation

Investigation in the context of the video refers to the initial actions taken by law enforcement, such as the Indonesian National Police (POLRI), to search for and uncover evidence of a suspected criminal act. It is the first stage in the Criminal Justice System and is crucial for determining whether there is sufficient evidence to proceed with prosecution. The script mentions that the investigation is conducted according to the methods laid out in the law.

💡Prosecution

Prosecution is the legal process where a case is presented against an accused individual in a court of law. The video script explains that after the investigation, the case file is handed over to the Public Prosecutor (penuntut umum), who has the authority to initiate prosecution and bring the case to trial. The prosecutor's role is to present evidence and argue for the guilt of the accused.

💡Public Prosecutor

The Public Prosecutor, or 'penuntut umum' in Indonesian, is a legal officer who represents the state in criminal proceedings. As mentioned in the script, they have the power to conduct prosecutions, including making indictments and presenting cases in court. They play a critical role in the Criminal Justice System by ensuring that the rights of the state and the accused are upheld during trials.

💡Indictment

An indictment is a formal accusation that a person has committed a crime, leading to the initiation of a criminal trial. The video script describes how the Public Prosecutor has the authority to make an indictment, which is a significant step in the prosecution process. It signifies that the case is serious enough to be tried in court and that the prosecutor has sufficient evidence to proceed.

💡Trial

A trial is a formal process in a court of law where evidence is presented to determine the guilt or innocence of the accused. The video script outlines the various stages of a trial, such as the reading of charges, the presentation of evidence, and the rendering of a verdict by a judge. Trials are a core component of the Criminal Justice System, ensuring that justice is served through a fair and transparent process.

💡Judgment

Judgment in the context of the video refers to the decision made by a judge at the end of a trial. It is the culmination of the trial process and can include findings of guilt or innocence, as well as sentencing if the defendant is found guilty. The script emphasizes that the judgment has legal binding force and is a critical outcome of the Criminal Justice System.

💡Appeal

An appeal is a legal process where a party seeks to challenge a judgment made against them, typically on the grounds of procedural errors or incorrect application of the law. The video script mentions 'upaya hukum' which includes 'banding' (appeal) and 'kasasi' (cassation), allowing the defendant or the prosecutor to seek a review of the judgment in a higher court if they are dissatisfied with the outcome.

💡Penalty

A penalty in the context of the video refers to the punishment imposed on a person found guilty of a crime. The script discusses that if the judgment includes a prison sentence, the convicted individual will serve their penalty in a correctional institution. Penalties are a key aspect of the Criminal Justice System, intended to hold offenders accountable and deter future criminal behavior.

💡Rehabilitation

Rehabilitation, while not explicitly mentioned in the script, is an implicit goal of the Criminal Justice System, particularly in the context of serving a prison sentence. It refers to the process of helping offenders reintegrate into society after they have served their penalty, with the aim of reducing recidivism. The script's mention of 'lembaga permasyarakatan' (correctional institutions) suggests that these institutions play a role in the rehabilitation process.

Highlights

Introduction to the Indonesian Criminal Justice System

Foundation of the Criminal Justice System is the Indonesian Law No. 8 of 1981

The Criminal Justice System is an integrated and interlocking process of law enforcement

The first stage of the Criminal Justice System is under the authority of the Indonesian National Police for investigation and prosecution

Investigation is a series of actions to determine the occurrence of a criminal act

Prosecution involves gathering evidence to clarify a criminal act and identify the perpetrator

After the investigation, the case file is handed over to the Public Prosecutor

The Public Prosecutor has the authority to file charges and bring the case to court

The trial phase includes the examination process in court with various legal procedures

The trial's conclusion is the judge's decision, which can be appealed if unsatisfactory

Legal remedies available include appeal, cassation, and review (PK)

Appeal (banding) is a process to challenge a district court's decision at a higher court

Cassation is the final legal remedy to challenge a high court's decision at the Supreme Court

Review (PK) is a limited legal action for reconsideration of a Supreme Court decision based on new evidence

The final stage is the enforcement of the court's decision, which is binding

If the decision involves imprisonment, the convicted person will serve their sentence in a correctional institution

Conclusion and closing remarks on the Indonesian Criminal Justice System discussion