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

FH UPNVJ

31 Aug 202216:44

Summary

TLDRIn 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.

Outlines

00:00

📚 Introduction to Criminal Procedure Law

The first paragraph introduces the topic of Criminal Procedure Law in the context of a lecture at the Faculty of Law, UGM Trans Jakarta. The lecturer, Beni Harefa, explains the concept of Criminal Procedure Law, also known as formal criminal law, which governs the enforcement of criminal law. The paragraph outlines the purpose of studying this law, which includes understanding the process of enforcing criminal law and the legal rules and values associated with handling a case. It also provides an overview of the mechanisms for resolving a criminal case, starting from the occurrence of a legal incident to the investigation, prosecution, trial, and ultimately the execution of the court's decision.

05:00

🏛 Principles and Basics of Criminal Procedure Law

This paragraph delves into the fundamental principles of Criminal Procedure Law, such as equality before the law, the presumption of innocence, and the right to legal assistance. It also discusses the procedural aspects of the law, including investigation, compulsory measures, prosecution, pre-trial procedures, and the trial process itself. The paragraph highlights the importance of evidence and the stages of a criminal trial, emphasizing the need for a fair and efficient judicial process.

10:02

🔍 Investigation and Evidence in Criminal Cases

The third paragraph focuses on the investigative process in criminal cases, as defined by the Criminal Procedure Law of 1981. It explains the actions taken to determine whether an incident constitutes a criminal act and the subsequent collection of evidence. The paragraph also covers compulsory measures such as arrest, detention, and search, and discusses the importance of evidence in proving a crime, including witness testimony, expert opinions, and the defendant's statements.

15:05

📜 Court Decisions and Execution of Judgments

The final paragraph discusses the various outcomes of a criminal trial, including acquittal, dismissal of charges, and conviction. It outlines the legal remedies available after a court decision, such as appeals and cassation, and the principles governing the execution of judgments. The paragraph concludes with an encouragement for students to thoroughly learn and understand Criminal Procedure Law, emphasizing its role in upholding and enforcing criminal material law.

Mindmap

Keywords

💡Criminal Procedure Law

Criminal Procedure Law, or 'hukum acara pidana' in Indonesian, is the legal framework that governs the process of enforcing criminal law. It includes the investigation, prosecution, trial, and execution of judicial decisions. In the script, it is the main theme, explaining its purpose, history, and various stages such as investigation, prosecution, and trial.

💡Investigation

Investigation refers to the initial steps taken to determine whether an incident constitutes a criminal act. It is a crucial part of the criminal procedure, as explained in the script, where a series of actions are taken to find and identify a suspected criminal act.

💡Prosecution

Prosecution is the phase where the public prosecutor presents the criminal case to the court for trial. The script mentions 'penuntutan' as the action of the public prosecutor in bringing a criminal case to the court for examination and decision by a judge.

💡Presumption of Innocence

The principle of 'presumption of innocence' is a fundamental aspect of criminal law, stating that a defendant is considered innocent until proven guilty. The script refers to this principle as 'asas praduga tak bersalah,' emphasizing its importance in the criminal justice process.

💡Legal Equality

Legal equality, or 'equality before the law,' is a concept that all individuals are equal under the law regardless of their status. The script mentions this principle to highlight that the criminal procedure law applies to everyone equally.

💡Judicial Review

Judicial review is the process by which a court examines the lawfulness of certain actions or decisions. In the script, it is implied in the context of 'praperadilan,' where the legality of preliminary actions such as arrests and detentions are tested before the trial.

💡Evidence

Evidence is the information presented in a legal case used to prove or disprove a fact or claim. The script discusses various types of evidence, including witness testimony, expert testimony, and written documents, which are crucial for proving a criminal act in court.

💡Judgment

A judgment is the decision made by a court regarding the outcome of a case. The script outlines different types of judgments in criminal law, such as 'bebas' (free), 'parah' (punishable), and 'lepas' (released from all charges).

💡Appeal

An appeal is a legal process by which a party seeks to reverse or modify a court's decision. The script mentions 'upaya hukum' and lists types of appeals such as 'banding' and 'kasasi,' which are part of the criminal procedure law.

💡Rehabilitation

Rehabilitation is a process aimed at helping offenders reintegrate into society after serving their sentence. The script includes 'rehabilitasi' as one of the objectives of criminal procedure law, emphasizing the importance of not only punishment but also the reformation of the offender.

💡Legal Assistance

Legal assistance refers to the help provided to individuals who cannot afford a lawyer or legal representation. The script mentions 'memperoleh bantuan hukum' as a principle in the criminal procedure law, ensuring that everyone has access to legal help regardless of their financial situation.

Highlights

Introduction to the course on Criminal Procedure Law by Beniharmoni Harefa, a lecturer at the Faculty of Law, UGM Trans Jakarta.

Definition of Criminal Procedure Law as the law that regulates the implementation and maintenance of criminal material law.

The distinction between Criminal Procedure Law (formal criminal law) and Criminal Material Law.

Criminal Procedure Law in Indonesia is regulated by Law No. 8 of 1981, covering investigation, prosecution, trial, and enforcement of court decisions.

Two main purposes of studying Criminal Procedure Law: understanding the criminal law enforcement process and the legal rules and values related to case handling.

The mechanism for resolving a criminal case, starting from the occurrence of a legal event to the trial and verdict.

Explanation of the trial process, including the reading of the indictment, responses from the public prosecutor, and the possibility of a judgment.

The importance of evidence and defense in the trial process, often referred to as the 'plea bargain'.

The final verdict and the absence of legal objections lead to the acceptance of the court's decision by both the prosecutor and the defendant.

Overview of the topics to be studied in Criminal Procedure Law, including the introduction, objectives, history, and basic principles.

Basic principles of Criminal Procedure Law, such as the trial for the sake of justice, equality before the law, and the presumption of innocence.

Detailed explanation of the investigation process as defined in Article 1, Paragraph 5 of the Criminal Procedure Law.

The role of the prosecutor in initiating a criminal case to the State Court for examination and decision by a judge.

Introduction to pre-trial procedures, which assess the legality of actions taken before the trial, such as arrests and detentions.

Discussion on compensation for damages and rehabilitation as part of the criminal trial process since 2014, as per the Constitutional Court Decision No. 21/PUU-XII/2014.

Different types of trial examinations in Criminal Procedure Law, including regular, summary, and expedited trials.

The process of evidence in a criminal trial, which can be time-consuming due to the need to clarify a criminal act.

Types of evidence according to Article 184 of the Criminal Procedure Law, including witness testimony, expert testimony, and the defendant's statement.

The hierarchy of evidence, with the defendant's statement being the least prioritized, and the requirement for at least two pieces of evidence to convict.

Different types of court decisions in a criminal trial, including acquittal, dismissal of charges, and conviction.

Legal remedies available after a court decision, such as appeals, cassation, and extraordinary legal remedies.

Regulations on the implementation of court decisions as outlined in Articles 270-274 of the Criminal Procedure Law.

Illustration of the difference between Criminal Procedure Law and Criminal Material Law using the example of theft.

Encouragement for students to study Criminal Procedure Law diligently, guided by a team of lecturers from the Consortium of Criminal Law.