Global Legal Review
Vol 1, No 2 (2021): October

The Plea Bargaining System as a Criminalization Model Under the Law Number 19 Year of 2016 on Electronic Information and Transaction Act and the Dignified Justice

Rinto Wardana (Rinto Wardana Law Firm)



Article Info

Publish Date
28 Oct 2021

Abstract

From the perspective of economic analysis of law theory, the increasing number of criminal convictions  would indicate that the Indonesian  criminal Code and regulations have not been  effective in reducing the rate of crimes. By combining a preliminary hearing, hearing of cases through a special route and the application of the principle of bargaining for sentence in the plea bargaining system, a new mechanism may be formulated in the Indonesia criminal justice proceedings. This criminal justice approach employs the dignified justice principle (teori keadilan bermartabat) approach, whereby, the trial of cases using a preliminary hearing as a special route under a sole judge that is intended for an accused who pleads guilty and bargains for a sentence. Accordingly, this research attempts  to explore the use of the principles of the plea bargaining system as a criminal justice model under the Law Number 19 year of 2016 on the Electronic Information and Transaction Act (“EIT Act”). Equally important, this research employs the juridical-normative method, statute, case, and conceptual approaches in order to obtain a comprehensive result. 

Copyrights © 2021






Journal Info

Abbrev

GLR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Global Legal Review, published by the Universitas Pelita Harapan Faculty of Law, is a forum for published research and the scientific discussion of law. It serves as an input to the development of both national and international law. The journal is also a place to accommodate publications expected ...