The Legal Process Of Criminal Events Implemented In Indonesia

Criminal Procedure Law Process (Image Dariusz Sankowski - Unsplash)

YOGYAKARTA - The Criminal Procedure Code in Indonesia is a series of rules, procedures, and regulatory regulations that limit the criminal regulatory process to positive regulations in force in Indonesia. The term criminal procedural law is a transfer of language from strafvoring in Dutch Translation.

In relation to criminal rules, criminal procedural law is a formal criminal rule that functions to carry out substantive criminal rules. According to a book written by Wirjono Prodjodikoro with the title Atjara Pidana Law in Indonesia, formal criminal procedural law limits the matter of how the state through its tools carries out its right to criminalize and impose crimes.

Unlike the Criminal Code, the Criminal Procedure Code or the Criminal Procedure Code that we have is the masterpiece of the Indonesian Nation. The Criminal Procedure Code is a formal criminal rule or Criminal Procedure Law which contains how the system is to enforce material criminal rules. Strictly, the Criminal Procedure Code contains system procedures or work on someone who violates criminal rules.

Basically, the first work in criminal procedural law begins with the investigation and then the investigation, prosecution, judge's decision. In the investigation tasked with working on it, namely the Indonesian National Police. However, in the investigation that has the authority, namely the Indonesian National Police and certain civil servant officials who are given special authority by law. Then for the prosecution stage it is under the authority of the Attorney General's Office of the Republic of Indonesia and finally the decision on a criminal act is under the authority of the judge who examines, judges, and decides the case.

Investigation

According to Article 1 paragraph (5) of Law Number 8 of 1981 concerning the Criminal Procedure Code, which is meant by a search, namely a series of investigative actions to search for and find a moment suspected of being a criminal act in order to consider whether or not an investigation could be carried out based on the steps limited in this law. According to the above understanding, a node can be obtained that tracing aims to reveal whether an action is classified into a criminal act or not.

Investigation

According to Article 1 paragraph (2) of Law Number 8 of 1981 concerning the Criminal Procedure Code, which is meant by investigation, namely a series of investigative actions in terms of and based on a system that is limited in this law to seek and collect evidence which by evidence makes it clear about the crime that occurred and in order to find the suspect. Therefore, it can also be concluded that the investigation is a follow-up act of investigation which can be regulated that the action is a criminal act.

Prosecution

Prosecution is the act of a public prosecutor in order to delegate a criminal case to a district court that has the authority in terms of and based on a system that is limited to this law with a request that it be examined and decided by a judge at a court hearing (vide Article 1 paragraph (7) of Law Number 8 of 1981 concerning the Prosecution Code is a series of actions after an investigation and investigation.

After the public prosecutor gets the results of the investigation from the investigator, therefore he will immediately study it and research it and within 7 days must notify investigators whether the results of the investigation have been complete or not. If in terms of the results of the investigation it is proven that it is not complete, therefore the public prosecutor returns the case file to the investigator along with a sign of what should be done to complete it and within 14 days from the date of receipt of the file, investigators should inform the public prosecutor again.

Judge's decision

Basically, the judge's decision in the criminal procedural law is a manifestation of the highest justice given to the defendant and the verdict is considered true and has binding power as long as no legal remedies are carried out by the defendant to the verdict. In the event that the judge decides a criminal case, therefore he should have been based on the principles of justice, benefit, and certainty of Hukujm. The judge also in deciding a criminal case should have been based on the beliefs and evidence presented to the trial.

In the law of evidence theory, the way the Law in Indonesia applies European Law is the negative wettelijk bewijstheorie, which is the basis for proving that criminal law is carried out based on the judge's belief that arises from evidence in the law negatively.

This principle is contained in Article 183 of the Criminal Procedure Code (KUHAP) which provides restrictions for judges in imposing criminal sanctions on someone according to the judge's belief and at least two pieces of evidence.

The voice of Article 183 of the Criminal Procedure Code is "The judge must not impose a crime on a person unless with at least two valid pieces of evidence he obtains the belief that a crime really occurs and that it is the Defendant who is guilty of doing it."

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