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Original Research

PLEA BARGAINING IN THE DRAFT INDONESIAN CRIMINAL PROCEDURE CODE

MUH. ZUHUD AL KHAER ZAHIR 1, ANDI MUHAMMAD SOFYAN 2, and SYAMSUDDIN MUCHTAR 3.

Vol 18, No 06 ( 2023 )   |  DOI: 10.17605/OSF.IO/YH7ES   |   Author Affiliation: Hasanuddin University, Indonesia 1,2,3.   |   Licensing: CC 4.0   |   Pg no: 1774-1781   |   Published on: 30-06-2023

Abstract

This study aims to analyze the urgency and form of legal politics of the Plea Bargaining System in the Draft Criminal Procedure Code. The type of research used is normative legal research. Legal research methods focus on studying legal issues on issues of norms. This approach will focus on examining legal reality from the point of view of a legal substance that regulates or is still being drafted. The results of the study show that (1) The urgency of the plea bargaining system in the Draft Criminal Procedure Code can be seen in several countries that have successfully implemented it with different models and methods such as France and Germany, plea bargaining in the Draft Criminal Code (Special Line) does not apply this method, but emphasizes that plea bargaining only eases demands and speeds up the proceedings. The plea bargain is expected to reduce the burden of cases going to court to speed up the judicial process. Give awards to defendants who admit their guilt; meet the needs of the accused and the public prosecutor; as well as save time and costs. (2) The form of plea bargaining system in its implementation in the Draft Criminal Procedure Code is outlined in Article 199 of the Draft Criminal Code with the nomenclature of Special Tracks, offering the concept of a plea bargaining system with a maximum sentence of not more than 7 (seven) years as an option in accelerating the settlement of cases. The benefits of implementing plea bargaining are 1). Reducing the Burden of Cases in Court; 2). Providing relief for the accused who admits his actions; and 3). Facilitate Public Prosecutors.


Keywords

Political Law, Plea Bargaining System, Draft Criminal Code, Special Line