Challenges in the Implementation of the “Jalur Khusus” Concept in the Draft Indonesian Criminal Procedure Code

Abstract

Efforts to reform the criminal procedural law continue to be carried out, by introducing many new concepts such as preliminary examination, expansion of the opportunity principle to the concept of a “jalur khusus” which is similar but not the same as the plea-bargaining concept applied in common law countries, especially the United States. The concept of this “jalur khusus” is understood to encourage the creation of an effective and efficient criminal justice system so that the principles of simple, fast, and low-cost justice can be realized. Of course, this new concept still needs to be studied its advantages and disadvantages. By using normative juridical research methods, this study aims to examine the challenges in applying the concept of “jalur khusus”s as stipulated in the RKUHAP. From this research, it can be seen that in addition to the ambiguity of the proceedings and the provisions on the maximum limit of punishment, what needs to be criticized is the parameters of the judge's belief in determining the truth of the defendant's confession and also the unregulated role of the victim in the “jalur khusus” mechanism.

Evaluation of Evidence in Electronic Criminal Case Trials

“…Indonesian criminal procedural law as stipulated in the Criminal Procedure Code uses the theory of negative proof (negative wettelijk bewijstheorie) as seen in article 183 of the Criminal Procedure Code which reads (Mahardhika et al, 2022), "The judge may not impose a criminal on someone, except if at least two legitimate evidences he gained confidence that a criminal offense really happened and that the guilty did not be guilty of doing it ". In proof of criminal cases, a study must be conducted in advance regarding evidence which is used as evidence that the defendant is guilty.…”