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All Journal Jurnal Hukum Sehasen International Journal of Humanities Education and Social Sciences
Hartoyo Hartoyo
Dr. Soetomo University, Surabaya, East Java, Indonesia
Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Plea Bargaining In The 2025 Draft Indonesian Criminal Procedure Code: Legal Certainty And Justice Dedi Wardana Nasoetion; Noenik Soekorini; Hartoyo Hartoyo
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.11293

Abstract

The enactment of Law No. 20 of 2025 on the Indonesian Criminal Procedure Code (KUHAP) introduces plea bargaining as a negotiated mechanism permitting admissions of guilt in exchange for sentencing concessions, marking a paradigmatic shift from judicial truth-seeking toward prosecutorial negotiation. This study examines whether such a shift is constitutionally coherent within Indonesia’s civil law framework. Using a normative juridical (doctrinal) methodology grounded in hierarchical norm theory, constitutional interpretation, and principled balancing, the research analyzes the compatibility of plea bargaining with legal certainty, equality before the law, presumption of innocence, and rule-of-law principles under UUD 1945. The findings demonstrate that while plea bargaining is formally valid within the statutory hierarchy, its substantive legitimacy is conditional. Ambiguities in eligibility criteria and sentencing parameters risk undermining legal certainty; expanded prosecutorial discretion raises equality concerns; and significant sentencing differentials may threaten voluntariness. Judicial oversight emerges as the decisive safeguard, requiring substantive verification of voluntariness, evidentiary sufficiency, and proportionality. The study concludes that plea bargaining is normatively defensible only if reinforced by strict judicial control and clearly structured procedural safeguards. This research contributes an integrated constitutional-doctrinal framework clarifying the legitimacy conditions of negotiated justice within civil law systems.
Law Enforcement of Violent Theft in Indonesia: Analysis of Decision 201/Pid.B/2024/PN Ktg Dino Dwi Aristo; Yoyok Ucuk Suyono; Dudik Djaja Sidarta; subekti Subekti; Hartoyo Hartoyo
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 6 No 1 (2026): IJHESS AUGUST 2026
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v6i1.2317

Abstract

Robbery constitutes a serious criminal offense in the Indonesian criminal justice system because it combines the unlawful appropriation of property with the use or threat of violence against victims. Although Article 365 of the Indonesian Criminal Code provides a legal framework for regulating violent theft, judicial practice often encounters interpretative challenges regarding the elements of violence, aggravating circumstances, and sentencing proportionality. This study aims to analyze the legal construction of robbery under Article 365 of the Criminal Code, examine the judicial reasoning (ratio decidendi) in Decision Number 201/Pid.B/2024/PN Ktg, and evaluate the decision’s consistency with the principles of criminal liability, proportional punishment, and legal certainty. The research employs a qualitative normative legal method using statutory, case-based, conceptual, and analytical approaches by examining primary legal materials such as the Criminal Code, the Criminal Procedure Code, and the relevant court decision, supported by secondary and tertiary legal sources. The findings indicate that the court systematically assessed the relationship between factual evidence and statutory elements of the offense and confirmed the fulfillment of both actus reus and mens rea in establishing criminal liability. The judgment also reflects the application of the proportionality principle in sentencing. However, interpretative discretion regarding violence and aggravating circumstances may lead to inconsistencies in judicial decisions. Therefore, this study recommends strengthening judicial interpretation guidelines and developing an integrated judgment database to enhance doctrinal consistency, legal certainty, and transparency in criminal law enforcement in Indonesia.
Co-Authors Dedi Wardana Nasoetion Dino Dwi Aristo Dudik Djaja Sidarta Noenik Soekorini Subekti Subekti Yoyok Ucuk Suyono