The Formal Criminal Law Renewal: Due Process of Law in Pre-trial for Legal Assurance

DOI

10.2991/978-2-38476-024-4_32How to use a DOI?

Keywords

Due process of law; Formal criminal law reform; Pre-trial

Abstract

Law No. 8 of 1981 concerning the Criminal Procedure Code regulates criminal procedural law nationally based on the nation’s philosophy of life and the State’s basis to protect human rights. Pre-trial institutions are a form of codified horizontal supervision regulated in Articles 77 to 83 of the Criminal Procedure Code. In practice, the development of pre-trial authority has been expanded based on the decision of the Constitutional Court Number 21/PUU-XII/2014 dated 28 April 2015. Substantive reform of formal criminal law on Article 77 a of the Criminal Procedure Code provides optimal human rights protection. The formulation of this research is what is the principle of due process of law on the determination of suspects in reforming the pre-trial criminal law? The method used is juridical empirical. The results of the study can be concluded that the pre-trial criminal law reform places investigators’ actions in making efforts to force the determination of suspects based on the principle of due process of law in the implementation of law enforcement originating from the ideals of the rule of law (rechtstaat). The principle of due process of law emphasizes to investigators, investigators, obligations, and obligations to be carried out in determining the suspect fulfills a minimum of 2 (two) pieces of evidence in quantity and quality to realize legal certainty for the whole community, respect human dignity in the law enforcement process.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Arista Candra Irawati
PY  - 2023
DA  - 2023/04/19
TI  - The Formal Criminal Law Renewal: Due Process of Law in Pre-trial for Legal Assurance
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 298
EP  - 310
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_32
DO  - 10.2991/978-2-38476-024-4_32
ID  - Irawati2023
ER  -