Legal Literacy - This article examines the criminal justice system in Indonesia, highlighting the inefficiencies and problems that exist, including corruption and high costs. With a focus on two reform approaches, plea bargaining and special lanes as proposed in the Draft Criminal Procedure Code (RKUHAP), this article explores how the two systems differ and how they have the potential to speed up the justice process while adapting to local legal dynamics. This discussion is important in the context of finding fairer and more efficient solutions for the criminal justice system in Indonesia.
The Hustle and Bustle of the Justice SystemÂ
Problems related to the justice system in Indonesia can be said to be endless. Moreover, the criminal sphere requires a longer process and time, for example, the existence of coercion, pre-trial, appeal, and cassation. Sadly, this is often underestimated even though the judicial system should realize the principles of simple, fast and low cost justice in case examination in accordance with the mandate of Article 2 Paragraph (4) of Law No. 48/2009 on Judicial Power.
Not only that, a researcher from the National Law Development Agency of the Ministry of Law and Human Rights of the Republic of Indonesia, Chairul Huda, stated that there are several problems in the criminal justice system in Indonesia, namely the accumulation of cases (overloaded), time consuming (waste of time), expensive costs (expensive), corrupt practices (judicial corruption), less able to accommodate the sense of justice of the community (unresponsive), too rigid, formal, and unresponsive. technical (inflexible, formalistic and technical).Â
With various problematic points related to the judicial process, it is hoped that there will be a repressive handling of this matter, one of these efforts is the implementation of plea bargaining, which is a legal effort made by reducing the charges while forgiving the defendant, when he wants to admit his guilt. Of course, this has received both pro and con responses from various groups. Some argue that this system is important to speed up the judicial process while accommodating the legal dynamics in society.Â
In fact, this has been included in the Draft Criminal Procedure Code (RKUHAP), but there are differences in the definition, substance and procedure of plea bargaining in other countries and the specific pathway in the national RKUHAP. So, if we look at both of them, which one is more suitable for implementation in Indonesia?Â
The concept is called "Special Lane".
Article 199 of the Criminal Procedure Code contains regulations addressing special channels adopted from the concept of plea bargaining. Unlike plea bargaining in Common Law countries, this special track does not involve any negotiation or bargaining between the prosecutor and the defendant, but relies solely on the defendant's voluntary confession at trial. Therefore, the concept of plea bargaining in the Criminal Procedure Code is often referred to as plea with no bargain.
The special track in the Criminal Procedure Code clarifies that the defendant may admit guilt before the court when the public prosecutor reads the indictment. The defendant's voluntary admission of guilt will then be assessed and considered by the judge. After the judge grants permission, the public prosecutor may then transfer the case from ordinary examination to summary examination, provided that the charge does not exceed 7 years imprisonment.
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