Legal Literacy - This article discusses the purpose of criminal procedure law, the function of criminal procedure law, and the nature of criminal procedure law. Let's see the explanation below.

Purpose of Criminal Procedure

According to Andi Hamzah, the goal of criminal procedure law to find the truth is only an intermediate goal and the ultimate goal is to achieve public order, peace, and welfare in society.

As formulated in the Guidelines for the Implementation of the Criminal Procedure Code in 1982, the objectives of criminal procedure law are as follows:

  1. Seeking and obtaining or at least approaching material truth is the complete truth of a criminal case by applying the provisions of the criminal procedure law honestly and accurately.
  2. Seeking out perpetrators who can be charged with violating the law and then requesting an examination and decision from the court to determine whether it is proven that a criminal offence has been committed and determine whether it is proven that a criminal offence has been committed and whether the person charged is to blame.
  3. After a court decision has been rendered and all legal remedies have been exhausted and finally the decision has permanent legal force, the criminal procedure law also regulates the implementation and supervision of the decision.

In addition to the Guidelines for the Implementation of the Criminal Procedure Code of 1982 above, the preamble letter c of the Criminal Procedure Code which is the basis or outline of the objectives to be achieved by the Criminal Procedure Code, namely "That the development of such national law in the field of criminal procedure law is so that people appreciate their rights and obligations and to improve the attitude of law enforcement officials in accordance with their respective functions and authorities towards the establishment of law, justice and protection of human dignity, order and legal certainty for the implementation of the rule of law in accordance with the 1945 Constitution".

Referring to the preamble letter c of KUHAP above, Yahya Harahap18 stated the purpose of KUHAP as follows:

  1. Increasing public legal awareness, which means making every member of society aware of the rights that the law and the law give him and what obligations the law imposes on him.
  2. Improve the mental attitude of law enforcement officers, viz:
    • Improving the orderly development of law enforcement officers in accordance with their respective functions and authorities;
    • Increased awareness and technical skills of law enforcement officers; and
    • Law enforcement officials who are devoted to God Almighty and have the morals of a just and civilised humanity.
  3. The establishment of law and justice at the centre of the nation's society, namely:
    • Enforcing the law based on the sources of Pancasila, the 1945 Constitution, and all laws and regulations that do not conflict with the sources of law and the values of consciousness that live in society;
    • Upholding the values contained in the philosophy of Pancasila and the 1945 Constitution as well as all values contained in other laws and regulations, whose values are aspirational to the values and sense of justice of the community; and
    • In order not to deviate from the KUHAP that has been determined as a guideline for the implementation procedures and principles of legal principles.
  4. Protecting human dignity, meaning that human beings as servants of God and as creatures of equal status with other human beings, must be placed on an overall level of dignity.
  5. Enforcing order and legal certainty, meaning that the meaning and purpose of community life is to seek and realise peace or order, namely a shared life between fellow members of society who are required and fostered in regular and proper ties, so that the traffic in the social order of the community concerned runs in an orderly and smooth manner.