Reveal the “Face” of the Impartiality in the Indonesian Criminal Justice System: Challenges and Development

Abstract

An impartial legal process is one of the characteristics of a rule of law. Likewise, Indonesia, in criminal justice at its downstream is played by judges as the core apparatus of judicial power, the principle of freedom and impartiality of judges in examining, hearing and deciding cases. The research is a normative legal research using statute, case, comparative and conceptual approaches. Data were analyzed with descriptive qualitative analysis with content analysis. The results show that the essence of the principle of impartiality in the criminal justice system is closely related to the implementation of the function of judicial power. Fair trials are a most basic safeguard to ensure that individuals are not punished unfairly. However, research shows that the application of the principle of impartiality in the practice of law enforcement that is currently just in a number of cases is still colored by the practice of wrongful arrests which lead to wrong arrests and wrong sentences (error in personal).