The Reformulation of Criminal Procedure Law against the Rights of Suspects and Defendants in the Perspective of the Criminal Justice System

Abstract

The birth of the Criminal Procedure Code as a Masterpiece of Indonesian criminal procedure law has many limitations and cannot accommodate criminal law issues in society. The content of the KUHAP contains many inconsistencies, both unclear, ambiguous, and void norms. One of the inconsistencies in the formulation of the contents of the Criminal Procedure Code concerns the rights of suspects and defendants. The inconsistency of the contents concerning the rights of suspects and defendants is contrary to the principles of justice, protection of human dignity, order and legal certainty for the sake of the rule of law. The purpose of this study is to analyze, systematize and interpret various legal inconsistencies in the contents of the Criminal Procedure Code regarding the rights of suspects and defendants. This research method uses a normative juridical research method with a statutory and legal system approach. The conclusion of this study is that there is an inconsistency in the formulation of norms in the material contained in the Criminal Procedure Code regarding the rights of suspects and defendants which indicates that the formulators of the Criminal Procedure Code do not understand the conception of rights correctly so that it violates the principles of fair legal certainty and equal treatment before the law.