Legal Literacy - The author in writing this article is motivated by an article that was recently published on the Hukum Online platform entitled “Criminal Procedure Code, Due Process or Crime Control?” written by Hamalatul Qurani and also the current discussion of the Pegi Setiawan case who is accused of being the perpetrator of the Vina Cirebon murder, but in the end the pre-trial decision number 10/Pid.Pra/2024/ Bandung District Court stated that the process of determining Pegi Setiawan as a suspect by the West Java Regional Police was illegal so that Pegi Setiawan's suspect status was declared null and void. However, this article will explain more simply what Due Process Model and Crime Control Model are in criminal procedure law.

Definition Due Process Model and Crime Control Model

Concept due process model and crime control model are two concepts coined by Herbert L. Packer, an American criminologist and law professor best known for his book entitled The Limits of The Crminal Sanction. In simple terms crime control model emphasizes efficiency, speed, and is closely related to the principle of presumption of guilt or the presumption of guilt in the criminal justice process, so that all criminal acts must be dealt with as quickly as possible. Prof, Eddy Hiariej in his book entitled Theory and Law of Evidence likening it to a ball that is rolling and without obstacles.[1]

Meanwhile, due process model has characteristics that are contrary to crime control model because on due process model refuses to prioritize efficiency and prioritizes the quality of the process and is closely related to the principle of presumption of innocent or the presumption of innocence, so the role of legal counsel is very vital to be able to avoid and supervise the imposition of laws or legal processes that are not in accordance with the rules against someone accused of committing a criminal act. The model is likened to someone who is doing hurdles.[2]

In the context of evidentiary law, due process model is closely related to the problem of bewijsvoering, namely how to obtain, collect, and present evidence to the court. Thus, Prof. Eddy's analogy which analogizes due process model like someone who is doing hurdles, the goal here is a series of conditions/procedures that must be met and followed in obtaining/collecting evidence that will be used in court later.