EKSISTENSI HAKIM KOMISARIS DALAM SISTEM PERADILAN PIDANA (Analisis terhadap RUU tentang Hukum Acara Pidana)

Abstract

In the 2010 Criminal Procedure Bill, pretrial will be replaced with the provision of commisioner judges for the reason that pretrial considered has not run properly. An initiative to put forward the role of the commissioner judges raises debates in society. This research  discusses  the controversial  debates  by applying  a qualitative method. Its results reveal that the police apparatus which become the object of investigation will face many obstacles in conducting their duties as investigators. In addition to this, the results reminded that the existence of commisioner judges brings about problems such as the shortage of judges which has been experienced by the country since long time, away from their position which are difficult to be reached by the police investigators. After comparing its advantages and disadvantages, this research recommends to maintain the existence of the pretrial while at the same time improve its implementing provisions. Improvements will further be needed by enlarging its additional pretrial authority to examine illegal search and seizure conducted by the investigators.