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ANALISIS PLEA BARGAINING DALAM PEMBAHARUAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DI INDONESIA (STUDI KOMPARATIF DENGAN CODE DE PROCEDURE PENALE)
This research is based on the issues of the complexity of criminal acts and the urgency of upholding the principles of a speedy, simple, and low-cost trial, which are hindered by the 1981 Criminal Procedure Code considered less adaptive to modern legal dynamics. Reform efforts are carried out through Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP), which introduces an alternative case settlement mechanism, namely 'Guilty Plea', which has functional similarities to the concept of Plea Bargaining. This study aims to identify and analyze the comparison of the Plea Bargaining concept in Indonesian KUHAP and the French Code of Criminal Procedure. It also aims to analyze and explain concepts that can be taken from the French Plea Bargaining mechanism for the prospect of KUHAP renewal in Indonesia. The research employed a normative legal research approach with a descriptive-analytical nature. The methods used are the analytical approach and the comparative approach. The primary theoretical framework utilized is Lawrence M. Friedman's Theory of Legal System, dissecting its three key parameters, legal substance, legal structure, and legal culture, alongside Prof. Satjipto Rahardjo's Progressive Legal Theory, analyzing the concept that realizes substantive justice that favors the people, moving beyond formal justice. The research results show that, although both adhere to a civil law system, there are fundamental differences analyzed through the three components of Friedman's legal system. First, the substance of law, there is an inconsistency in the regulation of "Guilty Plea" in the Indonesian Criminal Procedure Code (KUHAP) which has the potential to cause inefficiency. Meanwhile, the French mechanism, CRPC (comparution sur reconnaissance préalable de culpabilité), offers a clearer and more efficient procedure similar to the general application of plea bargaining. Second, the legal structure, KUHAP uses a closed system carried out only before a judge as the decision-maker. CRPC uses a two-phase system, namely the Prosecutor Phase (negotiation/proposed sentence out of court) and the Judge Phase (approval/validation or rejection). Third, in terms of legal culture, the Indonesian Criminal Procedure Code (KUHAP) is driven by a culture of caution (preventive) against potential corruption by officials within a closed system. The French CRPC is driven by the philosophy of utility exchange (efficiency). The most relevant conceptual framework for reforming Indonesia's KUHAP, in line with the Progressive Law Theory, is the fundamental guarantees of the French CRPC. These guarantees state that if the case resolution procedure fails, any confession and documents created during the CRPC process cannot be used as evidence in subsequent trials. Adopting these guarantees into KUHAP would strengthen the protection of defendants' rights concerning the principle of non-self-incrimination, mitigate the risk of coercive confessions, and realize better substantive justice.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS PLEA BARGAINING DALAM PEMBAHARUAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DI INDONESIA (STUDI KOMPARATIF DENGAN CODE DE PROCEDURE PENALE) (Text)
ANALISIS PLEA BARGAINING DALAM PEMBAHARUAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DI INDONESIA (STUDI KOMPARATIF DENGAN CODE DE PROCEDURE PENALE) (Other)
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