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All Journal International Journal of Humanities Education and Social Sciences
Mula Warman Harahap
Brawijaya University
Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences Other

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The Application Of The Presumption Of Innocence By Judges In Indonesia’s Criminal Justice Process: A Challenge Mula Warman Harahap; I Nyoman Nurjaya; Faizin Sulistio
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.v6i1.2514

Abstract

The presumption of innocence is a cornerstone of criminal procedure, requiring that every suspect, arrestee, or defendant be treated as not guilty until a court decision has obtained permanent legal force. Its application by judges in Indonesia, however, faces three interrelated challenges. First, a defendant’s status as a recidivist often triggers judicial bias, shifting a judge’s perspective from “presumed innocent” toward “presumed guilty” before the evidentiary process concludes. Second, the guilty-plea mechanism introduced under the 2025 Criminal Procedure Code creates conceptual tension with the presumption, since it allows a defendant’s own admission to substitute, in practice, for adversarially tested proof. Third, intense media coverage and public opinion risk producing a “trial by the press” that undermines judicial independence and objectivity. Using a normative juridical approach, this study argues that strengthening judicial moral integrity, adopting firmer ethical guidelines, and reinforcing safeguards for judicial independence are necessary so that the presumption of innocence is genuinely realized in Indonesian criminal justice practice.
Co-Authors Faizin Sulistio I NYOMAN NURJAYA