Reconstruction of the Pretrial Regulation in Code of Criminal Procedure in the Framework of Law Enforcement Reflecting Inclusive Law

DOI

10.2991/assehr.k.211014.016How to use a DOI?

Keywords

Reconstruction, Pretrial, Law Enforcement, Inclusive Law

Abstract

This study aims to examine the urgency of reconstructing pre-trial arrangements in the draft Criminal Procedure Code. The research is categorized as normative legal research. The sources of legal materials used are in the form of primary and secondary legal materials. Primary legal materials are in the form of laws and regulations related to the research theme. While the secondary legal materials are books, articles in national and international journals that are in accordance with the research topic. The results of the study indicate that the implementation of pre-trial so far has not been in accordance with what was expected. The existence of a pre-trial institution is expected to be used as an effort to protect the human rights of the suspect/defendant. The non-optimal existence of pre-trial in practice cannot be separated from the existence of various weaknesses in pre-trial arrangements in the Criminal Procedure Code. Research shows that pre-trial has not been able to realize the principle of coordination as expected by the Criminal Procedure Code. With these various weaknesses, the thought emerged to replace it with a new system that was felt to be better. This is manifested by the introduction of a new system in the Draft Criminal Procedure Code called the Preliminary Examining Judge. The existence of this Preliminary Examination is expected to overcome various pre-trial weaknesses so far. In addition, Preliminary Examination Judges can also realize inclusive law enforcement, namely emphasizing moral and justice aspects.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Bambang Santoso
AU  - Hartiwiningsih
AU  - Muhammad Rustamaji
PY  - 2021
DA  - 2021/10/16
TI  - Reconstruction of the Pretrial Regulation in Code of Criminal Procedure in the Framework of Law Enforcement Reflecting Inclusive Law
BT  - Proceedings of the International Conference on Environmental and Energy Policy (ICEEP 2021)
PB  - Atlantis Press
SP  - 68
EP  - 72
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211014.016
DO  - 10.2991/assehr.k.211014.016
ID  - Santoso2021
ER  -