Jurnal Hukum IUS QUIA IUSTUM
Vol. 27 No. 2: MEI 2020

Urgensi Plea Bargaining System Dalam Pembaruan Sistem Peradilan Pidana Di Indonesia: Studi Perbandingan Plea Bargaining System Di Amerika Serikat

Ruchoyah Ruchoyah (Magister Ilmu Hukum Universitas Brawijaya Malang)



Article Info

Publish Date
25 Aug 2020

Abstract

This study aims to answer two problems: first, how is the concept of implementing a bargaining system in the criminal justice system in the United States? Second, what is the urgency of implementing the Plea Bargaining System in reforming the criminal justice system in Indonesia. The research method used is juridical normative with a conceptual approach and comparison method. This paper intends to provide legal problem solving for the accumulation of criminal cases in Indonesia, namely by implementing a plea bargaining system in reforming the criminal justice system in Indonesia. This study concludes that, first, In the United States, the plea bargaining mechanism is carried out at the arraignment and preliminary hearing stages. Second, the plea bargaining system in the United States is regulated in the Federal Rules of Criminal Procedure rule 11. The urgency of implementing a plea bargaining system in the criminal justice system in Indonesia can be seen from several considerations, namely philosophical, juridical, sociological, and political-legal considerations. The conclusions and recommendations of the authors are implementing a plea bargaining system in reforming the criminal justice system in Indonesia in order to realize an effective and efficient criminal justice.

Copyrights © 2020






Journal Info

Abbrev

IUSTUM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three ...