Journal of Law, Human Rights, Immigration, and Corrections
Vol. 1 No. 3 (2026): Journal of Law, Human Rights, Immigration, and Corrections

Defendant’s Witness-Summoning Cost Budgeting by Public Prosecutors

Novritsar Hasintongan Pakpahan (Unknown)
Binsar Pamopo Pakpahan (Unknown)



Article Info

Publish Date
26 Apr 2026

Abstract

The Indonesian Criminal Procedural Law 2025 fundamentally alters trial dynamics, notably through Article 210, which imposes a new legal mandate on Public Prosecutors to formally summon the defendant’s witnesses. This normative legal research examines the implications of this obligation against the backdrop of insufficient financial allocations within the prosecution service. Utilizing statute, conceptual, and comparative approaches, this study identifies a critical budgetary vacuum that impedes prosecutorial duties and fundamentally undermines the principle of a fair trial. Findings indicate that while the burden of proof logically necessitates both parties to secure their respective witnesses, the current statutory framework forces prosecutors to bear this administrative responsibility. To resolve this predicament, the Public Prosecutor’s Office must enact specific internal regulations to restructure its financial framework. This restructuring must strictly allocate dedicated funds for summoning defense witnesses, clearly distinguishing between administrative summoning expenditures and actual attendance compensation, thereby ensuring continuous and equitable criminal proceedings.

Copyrights © 2026






Journal Info

Abbrev

LAWRIC

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Human Rights, Immigration, and Corrections (LAWRIC) is a peer-reviewed academic publication that brings together interdisciplinary research and critical scholarship on legal frameworks, human rights issues, migration studies, and correctional systems. Issued three times a year in ...