Construction of Pre Judges Through Judicial
Reconstruction Commissioners and Representatives of
Protected Rights
Joko Sriwidodo
1
{jokosriwidodo@ymail.com
1
}
Faculty of Law, Jayabaya University, Jakarta
1
Abstract . To overcome the implementation of the Draft Criminal Procedure Code/
RUU KUHAP with legal instruments that are more concrete and easy to implement, the
Government and the DPR must consider the existence of a Judicial Commissioner in the
Criminal Procedure Code/ KUHAP. The presence of the Judicial Commissioner is
expected to provide protection to the defendants, in the process of being investigated by
investigators, prosecutors until the defendant is finally convicted. On the other hand, it is
necessary to regulate facilities and infrastructure for commissioner judges so that the
handling can run in accordance with the provisions of laws and regulations. Such a
formulation is a feature of formal criminal law so that it is easily understood by the
public, especially those who will become candidates or convicted suspects, and as a
means of controlling the use of powers given to the law. law enforcement officers. The
basic legal principle is that deprivation of the rights of others should not be carried out
unless there is an authority to confiscate (detain) and this authority is exercised based on
a court decision or court / court's permission.
Keywords: Judicial Reconstruction Commissioners; Representatives of Protected
Rights; Criminal Procedure Code/ KUHAP.
1 Introduction
Construction in the current criminal procedural law when it is associated with the judicial
process, especially in pre-trial, it is time to be changed by reconstruction especially in the
procedural law concerning pre-trial.
Attempts to understand law as part of the history of human life never culminate in a
common understanding among community groups. Between the group of ordinary people and
groups of people engaged in the field of law both as legal practitioners and as academics of
jurisprudence have different views about the phenomenon called law. Even among the people
within each group is open the possibility of inequality of understanding because of differences
in experience in dealing with the law. Human life has many aspects or areas and each requires
regulation by law. The diversity of the law in the context of the diversity of aspects in human
life makes it impossible to unite it in a single formula.
1
For practitioners especially those included in the Five House of Law Enforcers such as
police, prosecutors, judges, lawyers including legal consultants, and the Press, the law is
1
Apeldoorn, L.J. van, Pengantar Ilmu Hukum, Pradnya Paramita, Jakarta, 1975, hlm. 13.
ICSTIAMI 2019, July 17-18, Jakarta, Indonesia
Copyright © 2021 EAI
DOI 10.4108/eai.17-7-2019.2303463