Academic Opinion Opinion

Plea Bargaining vs. Special Track: Which is Right for the Indonesian Judiciary?

By Suci Rizka Fadhilla

13 May 2024 22:33 WIB 13 May 2024 22:33 WIB 6 minutes reading time: 6 minutes 3 read

Updated: 16 May 2024 18:56 WIB 16 May 2024 18:56 WIB

This article discusses the special track found in the National Criminal Procedure Code Bill with the original plea bargaining system in common law countries.

Plea Bargaining vs. Special Track: Which is Right for the Indonesian Judiciary?

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Table of Contents

The Hustle and Bustle of the Justice System
That Concept is Called the “Special Track”.
Plea Bargaining and Plea With No Bargain
An Unclear Draft
Impact of Implementing the Special Track

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Gabung Membership

Section 2/3: That Concept is Called the “Special Track”.

That Concept is Called the “Special Track”.

In Article 199 of the RKUHAP, there is a rule that discusses the special track adopted from the plea bargaining concept. Unlike plea bargaining that applies in Common Law countries, the special track does not apply the method of negotiation or bargaining between the prosecutor and the defendant but only depends on the defendant's voluntary confession during the trial. Therefore, the concept of plea bargaining in the RKUHAP is often called plea with no bargain.

The special track in the RKUHAP essentially explains that the defendant can admit his guilt in court when the public prosecutor reads the indictment. The confession of guilt by the defendant voluntarily will then be assessed and considered by the judge first. After the judge allows it, then the public prosecutor can transfer the case from the ordinary examination hearing to a summary examination on the condition that the charge is no more than 7 years in prison.

Plea Bargaining vs. Special Track: Which is Right for Indonesian Justice? — Image Illustration by the Author

Plea Bargaining and Plea With No Bargain

The special track or also called plea with no bargain which is accommodated in the RKUHAP has significant differences with plea bargaining in other countries, such as the United States which conducts bargaining before the case reaches the trial by the public prosecutor and the defendant. The Supreme Court of the United States stated that the enactment of plea bargaining is a desirable element in the criminal justice system because it has proven to be able to overcome the large number of cases that come in and cut the time and costs in the case settlement process.

For this reason, the adoption of this system in the RKUHAP is believed to be able to realize an effective judicial process. Unfortunately, the procedure of the adopted system is so different. The special track of the RKUHAP is carried out during the trial, namely after the reading of the indictment. The special track focuses more on the defendant's confession in front of the green table which is assessed directly by the judge. So, there is no negotiation process between the public prosecutor and the defendant like plea bargaining in general.