The Formal Criminal Law Renewal: Due Process of Law in Pre-trial for Legal Assurance
- DOI
- 10.2991/978-2-38476-024-4_32How to use a DOI?
- Keywords
- Due process of law; Formal criminal law reform; Pre-trial
- Abstract
Law No. 8 of 1981 concerning the Criminal Procedure Code regulates criminal procedural law nationally based on the nation’s philosophy of life and the State’s basis to protect human rights. Pre-trial institutions are a form of codified horizontal supervision regulated in Articles 77 to 83 of the Criminal Procedure Code. In practice, the development of pre-trial authority has been expanded based on the decision of the Constitutional Court Number 21/PUU-XII/2014 dated 28 April 2015. Substantive reform of formal criminal law on Article 77 a of the Criminal Procedure Code provides optimal human rights protection. The formulation of this research is what is the principle of due process of law on the determination of suspects in reforming the pre-trial criminal law? The method used is juridical empirical. The results of the study can be concluded that the pre-trial criminal law reform places investigators’ actions in making efforts to force the determination of suspects based on the principle of due process of law in the implementation of law enforcement originating from the ideals of the rule of law (rechtstaat). The principle of due process of law emphasizes to investigators, investigators, obligations, and obligations to be carried out in determining the suspect fulfills a minimum of 2 (two) pieces of evidence in quantity and quality to realize legal certainty for the whole community, respect human dignity in the law enforcement process.
- Copyright
- © 2023 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Arista Candra Irawati PY - 2023 DA - 2023/04/19 TI - The Formal Criminal Law Renewal: Due Process of Law in Pre-trial for Legal Assurance BT - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022) PB - Atlantis Press SP - 298 EP - 310 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-024-4_32 DO - 10.2991/978-2-38476-024-4_32 ID - Irawati2023 ER -