Strengthening the Function of Prejudicial Institutions and the Implementation Concept of the Judges Institution of Commissioners in the Protection of Suspects Rights

Abstract

Number 8/1981 concerning criminal procedure law which is considered as an Indonesian's masterpiece in criminal law reforming by protecting human rights. One of the forms of protection is protection for the suspect, accordingly, the pretrial institution is regulated on criminal procedure law. However, in its development, although the authority of the pretrial institution has been expanded with the existence of a Constitutional Court judgment, there are still many weaknesses of the pretrial institution, because the pretrial institution, which is a horizontal supervisory institution, only do the only administrative examination, not up to substantive examination. Almost all of the protections in the pretrial institution only giving protection to the rights of suspects, while the rights of victims are neglected in pretrial institutions, especially the rights of victims to obtain certainty and justice in legal proceedings about complaints and statements from the victims. To overcome the fundamental weaknesses of the pretrial institution, a discourse has emerged to implement the Commissioner Judge in the criminal justice system in Indonesia, namely in the Draft of Criminal Procedure Code, which before the ratification of Criminal Procedure Code (KUHAP) had been brought up, but in the end, what was implemented was a pretrial institution. The idea of bringing up the application of the Commissioner Judge again has raised pro and contra opinions from various groups who come up with their respective arguments. In the end, legal reforms in the Indonesian criminal justice system,