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

The concept is called "Special Lane".

In Article 199 of the Criminal Procedure Code, there are rules that discuss special channels adopted from the concept of plea bargaining. Unlike plea bargaining in Common Law countries, the special track does not involve any negotiation or bargaining between the prosecutor and the defendant, but only relies on the defendant's voluntary confession at trial. Therefore, the concept of plea bargaining in the Criminal Code is often called plea with no bargain. 

The special line in the Criminal Procedure Code actually explains that the defendant can admit his guilt before the court when the public prosecutor reads out the indictment. The voluntary admission of guilt by the defendant will then be assessed and considered by the judge first. After the judge gives permission, the public prosecutor can then transfer the case from ordinary examination to summary examination, provided that the charge does not exceed 7 years imprisonment.

Plea Bargaining and Plea With No Bargain

The special path or also called plea with no bargain accommodated in the Criminal Code has significant differences with plea bargaining in other countries, such as the United States, which bargains before the case reaches trial by the public prosecutor and the defendant. The Supreme Court of the United States has stated that plea bargaining is a desirable element of the criminal justice system because it has proven to be able to cope with the large number of incoming cases and cut the time and cost of 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 system procedures adopted are quite 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 court, which is judged directly by the judge. So, there is no negotiation process between the prosecution and the defendant like plea bargaining in general...