Reorientation of Criminal Procedure Law as a Tool for Social Control in the Era of Criminal Justice Reform
Authors/Creators
- 1. Faculty of Law, University Diponegoro, Jl. dr. Antonius Suroyo, Tembalang, Semarang, Indonesia
Description
Historically, criminal procedure law has served as a guideline for resolving cases in order to achieve order and justice. However, law enforcement practices reveal various problems such as abuse of authority, lengthy investigation processes, regulatory fragmentation, and low integrity among officials. This scenario has engendered a disparity between the necessity of crime regulation and the safeguarding of individual rights, as evidenced by the conflict between the Crime Control Model and the Due Process Model. This study employs a normative legal methodology, incorporating juridical and conceptual analysis alongside case studies, to evaluate the efficacy of restorative justice implementation and its significance within the Integrated Criminal Justice System (ICJS). The results of the study show that there are still problems in criminal procedure law, both in terms of rules and how they are put into action, related to the professionalism of law enforcement officials, case handling deadlines, and case resolution methods. The development of humanistic values has encouraged a paradigm shift towards restorative justice is a way of thinking that puts a lot of emphasis on social restoration, dialogue, and a balance of interests among offenders, victims, and the community. Therefore, it is necessary to strengthen the ICJS through the harmonization of regulations between law enforcement agencies, the determination of case handling time limits, the improvement of the professionalism of officials, and the integration of the principle of restorative justice into the RKUHAP and the new Criminal Code. The reorientation of criminal procedure law is expected to make criminal procedure law a more adaptive and humane instrument of social control, as well as to increase public trust through the restoration of social relations and the prevention of recidivism. Thus, the reform of criminal procedure law is a strategic step in strengthening substantive justice in Indonesia.
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