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Original Research

IMPLEMENTATION OF THE COMMISSIONER-JUDGE IN THE INDONESIA’S CRIMINAL JUSTICE SYSTEM

YANTO

Vol 17, No 09 ( 2022 )   |  DOI: 10.5281/zenodo.7127526   |   Author Affiliation: Supreme Court of the Republic of Indonesia.   |   Licensing: CC 4.0   |   Pg no: 1931-1940   |   To cite: YANTO. (2022). IMPLEMENTATION OF THE COMMISSIONER-JUDGE IN THE INDONESIA'S CRIMINAL JUSTICE SYSTEM. 17(09), 1931–1940. https://doi.org/10.5281/zenodo.7127526   |   Published on: 29-09-2022

Abstract

The discussion on Commissioner-judges in the Criminal Code Bill from the Ministry of Law and Human Rights states that the current commissioners have the same authority as pre-trial proceedings except the authority to extend detention and pre-trial which decides whether a case is appropriate or not submitted to the court at the request of the prosecutor. Based on this statement, this paper will explore how the application of commissioner-judges in the criminal procedural law process can be implemented effectively in Indonesia. This research is explored more deeply through normative juridical studies which are strengthened by the dominance of literature review. This study concludes that the presence of the commissioner-judge in the criminal process becomes an effort on providing information in the event of errors related to law enforcement from the engineering of criminal cases which affect the human rights of the accused. Human Rights as the basis and legitimacy of the practice of commissioner-judges is essential since it depends on a comparison of the implementation by several other countries, meaning that currently, the House of Representatives must accelerate and hasten changes to the Criminal Procedure Code and be ratified into a formal legal system can be carried out by all law enforcers.


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