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All Journal Corruptio Ius Poenale
Husin, Nabilla Callosa
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Analysis The Integration of The Criminal Justice System in Handling Corruption Husin, Nabilla Callosa
Corruptio Vol 5 No 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v5i1.3336

Abstract

Corruption as a serious crime has detrimental effects on the state and society. One of the solutions to overcome corruption is by implementing an integrated criminal justice system that involves law enforcement agencies, such as the police, prosecutors and judges. Enforcement of the criminal justice system must be based on the KUHAP as the mouthpiece of the law for the Police and Prosecutor, meanwhile, the KPK is not only based on the KUHAP but also on Law Number 19 of 2019 jo. Law Number 30 of 2002 on The Corruption Eradication Commission (KPK). The synergy that is expected in the context of overcoming criminal acts of corruption in the context of the criminal justice system turns out to still contain law enforcement problems in it, such as the substance of the law, overlapping authority, independence, weak coordination, human resources, and the lack of optimality of the special criminal justice system.
Plea Bargaining Sebagai Pembaharuan Hukum Acara Pidana Berdasarkan Rancangan Undang-Undang KUHAP (RUU KUHAP) Husin, Nabilla Callosa; Husin , Naylla Shabilla Callistha
Ius Poenale Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i1.3486

Abstract

The criminal justice process in Indonesia is characterized by lengthy proceedings, significant costs, and a growing prison population, highlighting the need for new policies to address these challenges. The adoption of the plea-bargaining concept, prevalent in common law jurisdictions, offers a potential solution for the Indonesian criminal justice system. Article 199 of the Draft Law on Criminal Procedure introduces a similar concept, allowing defendants who admit guilt to crimes punishable by no more than seven years in prison to have their cases transferred to a shorter trial process. This normative juridical research employed both statutory and conceptual analyses to evaluate the relevance of plea bargaining in the Indonesian context. It aims to assess whether the plea bargaining provisions in Article 199 of the Draft Criminal Procedure Code align with the principles of simplicity, speed, and cost-effectiveness, and whether they conform to Pancasila, the foundational ideology of Indonesia.