EVALUATION OF THE APPLICABILITY OF INDONESIAN CRIMINAL PROCEDURE CODE

Abstract

Abstraction
Even though it was promulgated more than 40 years ago, the Criminal Procedure Code
(KUHAP) is still the main reference for the operationalization of the criminal justice system
in Indonesia. During the same period, the practice of criminal procedural law developed so
rapidly and slowly revealed imperfections in the basic building and design of the criminal
justice system regulated in the Criminal Procedure Code. The Criminal Procedure Code
audit was prepared with the aim of providing a complete portrait of the problematic
Indonesian criminal procedural law based on factual evidence in judicial practice. In the first
part, the context of the analysis is aimed at regulatory gaps and deviations shown at the
implementation level. The basic assumptions built regarding the integrity and integration of
the Indonesian criminal justice system are tested by basing them on empirical research and
observation, including an in-depth review of court decisions. This research also records the
current dynamics of criminal procedural law which are translated, formed, and reinterpreted
by the courts, including through cases tried by the Supreme Court and the Constitutional
Court.