Pretrial Study in Formal Criminal Law in Indonesia (original) (raw)
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SHS Web of Conferences, 2018
The instruments of pretrial arrangements prescribed in the Criminal Procedure Code are insufficient to regulate pretrial mechanisms in practice. The problems in question are related to the pretrial examination period. Pretrial shall be carried out speedily within seven days at the latest or pretrial examination should be stopped if the first examination of the subject matter commenced. In conjunction with a criminal justice system, the pretrial and subject matter examination system are different and separate sub-systems, although integrated in a series of criminal justice systems. The purpose of this paper is to examine whether the pretrial termination due to the examination of the subject matter is appropriate according to criminal justice system perspective. This research is a doctrinal research with the statute approach and conceptual approach, by reviewing the pretrial arrangement relating to the concept of criminal justice system. Examination at the pretrial and the subject mat...
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This article discusses flaws of Indonesia’s criminal procedural laws through an analysis of the Jessica Wongso case. After a televised trial in 2016, Wongso was convicted of murdering her friend Salihin, by putting cyanide in her coffee at a Jakarta café, and sentenced to 20 years’ imprisonment. The conviction was upheld on appeal in late 2018. The police obtained very limited evidence against Wongso, leaving prosecutors unable to determine the cause of Salihin’s death, much less to prove convincingly that Wongso was the perpetrator. By contrast, the defense mustered significant exculpatory evidence. But the judges, at first instance and on appeal, took an uncritical view of the prosecution evidence and ignored the defense case. Throughout the investigation and trial, Wongso was not accorded the presumption of innocence, partly because of Indonesia’s flawed or absent formal legal infrastructure for arrests, detentions, searches, and disclosure of prosecution evidence to the defense....
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Indonesia, like other countries in the world, struggles as pandemic strikes. Such condition force every subject involved in the criminal justice system to administer technology to suppress the spread of the virus by social distancing. However, the sudden turn to employ modern technology has made the justice system moved into a new place called the virtual court. This pandemic situation also forces the shift of the conventional criminal court to the virtual criminal court paradigm. This article discusses the history of virtual criminal court in Indonesian Criminal Justice. This research employs a descriptive-normative method. The information collected by applying a historical approach and theoretical approach. Relevant data then studied and evaluated. The result then explained and described clearly. Indonesia is ready to implement virtual criminal justice. The shift from formal criminal court proceeding into virtual criminal court proceeding is applicable in Indonesia since 2002.