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All Journal Jurnal Hukum Lex Generalis Journal of Law, Poliitic and Humanities
Noerdin, Eldy
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Problematika Pemenuhan Hak Positif Tersangka terhadap Pelanggaran Pasal 143 Ayat (4) KUHP Noerdin, Eldy
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.753

Abstract

Article 143 paragraph (4) of the Indonesian Criminal Procedure Code (KUHAP) regulates the positive rights of suspects, which must be fulfilled by the public prosecutor even if not requested. However, in criminal justice practice, this provision is often ignored as suspects only receive the indictment without the case files. Research shows that efforts to enforce this right through a pretrial process are hindered by the time limit in Article 82 paragraph (1) letter d of KUHAP and Constitutional Court Decision No. 102/PUU-XIII/2015. Efforts to raise objections during trial regarding violations of this right are often blocked by the belief that such objections are outside the scope of Article 156 paragraph (1) of KUHAP. The research concludes that judges must determine the legal consequences of violating Article 143 paragraph (4) of KUHAP.
The Role of e-Berpadu in Addressing the Lex Imperfecta of Article 143 Paragraph (4) of the Indonesian Criminal Procedure Code Djaman, Riska Pratiwi; Mokoagow, Jemmy; Lasabuda, Hajim; Noerdin, Eldy
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2356

Abstract

This study examines the role of the e-Berpadu system in addressing the lex imperfecta nature of Article 143 paragraph (4) of the Indonesian Criminal Procedure Code (KUHAP), which obliges prosecutors to provide case files to suspects or their legal counsel but prescribes no sanction for non-compliance. The research was conducted at the Kotamobagu District Court using a qualitative approach that combined interviews, observations, document analysis, and focus group discussions. The findings reveal that e-Berpadu enables digital access to case files for legal counsel and supports the fulfillment of the right to information. No significant technical barriers were identified in its implementation. However, the case file access feature is neither a core component of the system’s design nor emphasized in its official dissemination, leaving many defense lawyers unaware of its availability. The study concludes that although e-Berpadu can function as a supplementary tool to ensure access to case files, it cannot substitute the prosecutor’s mandatory obligation under KUHAP
The Role of e-Berpadu in Addressing the Lex Imperfecta of Article 143 Paragraph (4) of the Indonesian Criminal Procedure Code Djaman, Riska Pratiwi; Mokoagow, Jemmy; Lasabuda, Hajim; Noerdin, Eldy
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2356

Abstract

This study examines the role of the e-Berpadu system in addressing the lex imperfecta nature of Article 143 paragraph (4) of the Indonesian Criminal Procedure Code (KUHAP), which obliges prosecutors to provide case files to suspects or their legal counsel but prescribes no sanction for non-compliance. The research was conducted at the Kotamobagu District Court using a qualitative approach that combined interviews, observations, document analysis, and focus group discussions. The findings reveal that e-Berpadu enables digital access to case files for legal counsel and supports the fulfillment of the right to information. No significant technical barriers were identified in its implementation. However, the case file access feature is neither a core component of the system’s design nor emphasized in its official dissemination, leaving many defense lawyers unaware of its availability. The study concludes that although e-Berpadu can function as a supplementary tool to ensure access to case files, it cannot substitute the prosecutor’s mandatory obligation under KUHAP
Co-Authors Djaman, Riska Pratiwi Lasabuda, Hajim Mokoagow, Jemmy