Ambivalensi Kedudukan Dan Fungsi Penyidikan Hakim Komisaris Di RUU KUHAP Dalam Sistem Peradilan Pidana Indonesia

Abstract

The existence of Commissioner Judges in the Indonesian criminal justice system is an urgent matter to be implemented as part of the reform of the criminal justice system in Indonesia with several weaknesses in the pretrial system. As described above, the supervision of the pretrial system is implicitly still weak because it is based on the suspect's initiative in submitting a pretrial, meaning that the judicial process can be identified as problematic not because of the supervision of state organs but the suspect's initiative in submitting a pretrial. Based on this, the writer examines 1) how is the development of the position and function of commissioner judges in Indonesia? and 2) how is the construction of commissioner judges in the Draft Criminal Procedure Code in the Indonesian criminal justice system? This study uses a normative juridical research method with a statute approach and a conceptual approach. The authority and use of the authority possessed by the commissioner judge, testing arrangements regarding the use of the authority of law enforcement officials at the preliminary stage in the draft Criminal Procedure Code is more complete, conceptually guarantees legal protection of human rights in the Criminal