强化审判机构功能与法官专员制度在嫌疑人权利保护中的实施理念

Ari Qurniawan, Murdian, Anggraini
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摘要

─《刑事诉讼法》,1981年第8号《刑事诉讼法》,被认为是印尼以保护人权为目的进行刑法改革的杰作。保护的形式之一是对犯罪嫌疑人的保护,因此,刑事诉讼法对审前制度进行了规定。然而,在其发展过程中,虽然随着宪法法院判决的存在而扩大了审前机构的权限,但由于审前机构作为一个横向监督机构,只做唯一的行政审查,不做实质审查,审前机构仍然存在许多不足。审前机构的保护几乎都只是对犯罪嫌疑人的权利进行保护,而对被害人的权利,特别是被害人在诉讼程序中对被害人的申诉和陈述获得确定性和公正的权利则被忽视。为了克服审前制度的根本弱点,出现了在印度尼西亚刑事司法制度中实施专员法官的论述,即在《刑事诉讼法草案》中提出,该草案在《刑事诉讼法》(KUHAP)批准之前就提出了,但最终实施的是一个审前制度。再次提出专员法官的申请的想法引起了不同团体的赞成和反对意见,他们提出了各自的论点。最后,印尼刑事司法体系的法律改革,
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Strengthening the Function of Prejudicial Institutions and the Implementation Concept of the Judges Institution of Commissioners in the Protection of Suspects Rights
─ The criminal procedure of law, Act 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,
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