According to Moch. Faisal Salam, the purpose of criminal procedure law is to seek and obtain at least approximate material truth, which is the most complete truth of a criminal case by applying the provisions of criminal procedure law honestly and appropriately, with the aim of finding out who the perpetrator can be charged with committing a violation of the law, and then requesting an examination and decision from the court to determine whether it is proven that a criminal act has been committed and whether the person accused can be blamed.
Furthermore, Moch. Faisal Salam said that after a court decision has been handed down and all legal efforts have been made and finally the decision has permanent legal force, the criminal procedure law also regulates the main points of how to implement and supervise the decision. So, what is regulated in the criminal procedure law are the ways that must be taken in enforcing legal order in society, but at the same time also aims to protect the basic rights of each individual, both the victim and the lawbreaker.
Function of Criminal Procedure Law
Van Bemmelen put forward 3 (three) functions of criminal procedure law, including:
- Searching for and finding the truth;
- Decision making by the judge; and
- Implementation of the decision that has been taken.
Of the three functions above, the function that is considered the most important because it is the foundation for the other two functions is the function of "searching for and finding the truth". After finding the truth obtained through evidence and evidence, the judge will arrive at a decision (which should be fair and appropriate), which is then carried out by the prosecutor.
In line with Van Bemmelen's opinion, Bambang Poernomo stated that the duties and functions of criminal procedure law through its equipment are:
- To search for and find facts according to the truth;
- Applying the law with decisions based on justice; and
- Implementing decisions fairly.
If we elaborate further, the function of seeking and finding the truth must be supported by the completeness of the evidence in accordance with Article 183 of the Criminal Procedure Code, then the judge's decision should be given after going through the procedural stages and procedures of the trial as determined by the order of procedural law and jurisprudence and the implementation of the decision implies that it should be carried out and implemented by authorized officials and institutions, then the implementation of the decision must also be in accordance with the sound of the ammar / dictum of the judge's decision.
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