KEBIJAKAN HUKUM ACARA PIDANA TENTANG PENGANGKATAN HAKIM KOMISARIS DAN MEKANISME PRA PERADILAN DALAM PERLINDUNGAN HUKUM TERHADAP TERSANGKA

FIKRIA MILLATI AZKA, NIM. 15340084 (2019) KEBIJAKAN HUKUM ACARA PIDANA TENTANG PENGANGKATAN HAKIM KOMISARIS DAN MEKANISME PRA PERADILAN DALAM PERLINDUNGAN HUKUM TERHADAP TERSANGKA. Skripsi thesis, UNIVERSITAS ISLAM NEGERI SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The Judge Commissioner is not a new idea put forward, but it is a form of an effort to rebuild the goals and ideals of the nation in upholding justice. Community disappointment with legal protection, especially for suspects / defendants who have not been able to run well by pretrial institutions whose authorities are contained in the Criminal Code, forced the Commissioner to wake up from his long sleep which has been replaced by 1976 pretrial institution. Research on the reactivation of commissioner judges in the judiciary departs from the many facts found in the field that there are still many law enforcement officers who use their power in personal interests without regard to the rights of suspects / defendants in the settlement process. This study analyzes the effectiveness of the judiciary in protecting the rights of suspects / defendants, namely pretrial institutions and commissioner judge institutions. Make a comparison between the two so that answers can be found that which institutions are far more effective in protecting the rights of suspects / defendants. The research entitled "Criminal Procedure Law on the Appointment of Commissioner Judges and Pre-Judicial Mechanisms in Legal Protection of Suspects" is categorized as literature research with emphasis on the study of literature using a normative juridical approach. Legal theories used as support in this study include criminal law policy theory and criminal law political theory. The primary data sources in this study are the Criminal Procedure Code (KUHAP) and the Draft Criminal Procedure Code (KUHAP Bill), while the secondary data sources are other legislation. Sources of tertiary data compilers use legal books, especially criminal procedure law, legal journals and articles that can be used as support in the preparation of this study. It can be concluded that this research is qualitative-analysis research. Protection of suspects / defendants needs special attention, because so far in the process of criminal cases paying more attention to the rights of victims of criminal acts than the rights of suspects / defendants who have the same position before the court. With broader authority than pretrial institutions, commissioner judges are considered more effective in protecting the rights of suspects / defendants and protecting them from irregularities in authority by the judicial mafia. Therefore, it is hoped that the KUHAP Bill will be ratified immediately so that the commissioner judge can work in accordance with his authority.

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