An Unclear Draft

The concept of a special track presented in the RKUHAP is still vague. For the sake of justice and legal certainty, we need a special regulation that discusses this in depth so that law enforcers can understand their job descriptions and procedures, and defendants and victims get clarity on their rights.

The substance of the special rules can include: (1). the time limit for implementing the special track in question, whether it is carried out only when the indictment is read or can be carried out at all stages of the trial before the verdict, considering that this concept focuses on the defendant's confession. (2). details of the requirements for a defendant to be able to take the special track and vice versa. (3). conditions for the elimination and reduction of criminal sanctions by the judge. (4) the minimum and maximum reduction of criminal sanctions obtained by the defendant and other things that are deemed necessary to be regulated.

Impact of Implementing the Special Track

If implemented according to the plan, namely the special track is carried out when the indictment is read by the public prosecutor. As a result, its implementation can reduce the burden of cases in court, such as no appeals and cassation because the defendant's sentence has been reduced. Of course, handling the case no longer requires months and a lot of costs.

Furthermore, it cannot be denied that the defendant's right to be tried in detail by the judge will be minimized. It is feared that this will cause jealousy by the victim who feels sidelined and feels unfair. For this reason, additional regulations are needed regarding the requirements for defendants who can take the special track so that justice can be fulfilled.

Another impact that is likely to arise when the special track in the RKUHAP is implemented is the existence of dark games between the defendant and the judge in the trial who agree to take the special track so that the defendant gets a reduction in sentence. This opens up a new version of corruption in the scope of justice. Making this new concept, in addition to judicial reform, also pollutes the dignity of the court.

In order to prevent various concerns about this special track from being realized, special regulations are needed regarding this matter, so that it is clear and detailed how exactly the special track process is intended by the drafters of the rules and needs to be considered and strengthened from the supervisory side. In the end, whatever system is chosen in the context of reforming the national Criminal Code, justice, legal certainty, and benefit must be the main benchmarks in the implementation process.