Legitimacy: Journal of Law and Islamic Law
Vol. 2 No. 2 (2026): Legitimacy: Journal of Law and Islamic Law

The Commercialization of Justice in Guilty Pleas: Indonesia Criminal Procedure Code 2025

Ahmad Burhanuddin (Raden Intan State Islamic University of Lampung, Indonesia)
Syeh Sarip Hadaiyatullah (Raden Intan State Islamic University of Lampung, Indonesia)



Article Info

Publish Date
10 Oct 2026

Abstract

The integration of guilty pleas within the Indonesian criminal justice system creates a normative clash between procedural efficiency and economic discrimination. This sociolegal study investigated how financial restitution mandates and pretrial detention pressures transform legal simplifications into commodified justice. The research demonstrates that making leniency contingent upon immediate restitution marginalizes vulnerable defendants. Furthermore, the absence of comprehensive evidentiary discovery systematically deconstructs defendant autonomy, reducing legal counsel to mere administrative validators. Guilty pleas are not inherently commercialized, but they become coercive transactions when institutional managerial targets supersede fundamental trial rights. To prevent this systemic exploitation, this article constructs an institutional safeguard model prioritizing transparent negotiation alongside substantive inquisitorial oversight. This novel framework offers a crucial architectural blueprint for transitional criminal procedure reforms across emerging civil jurisdictions globally, ensuring that administrative acceleration never compromises equal protection under the established rule of modern universal justice systems and fundamental international human rights legal standards.

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Journal Info

Abbrev

JOLIL

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Legitimacy: Journal of Law and Islamic Law is a peer-reviewed academic journal dedicated to the advancement of scholarship in both legal studies and Islamic legal studies. Published three times annually in January, June, and August the journal serves as a comprehensive platform for the dissemination ...