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As a former Dutch colony, Indonesia has adopted a criminal justice system within the civil law

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As a former Dutch colony, Indonesia has adopted a criminal justice system within the civil law tradition. During the colonial period, The Dutch government established dual criminal justice system. First was The Reglement op de Strafvordering which closely same as the Dutch Criminal Procedure for Europeans, Chinese and other foreign oriental. This code was much stricter, and therefore better protected under the law. Other code was the Inlandsch Reglement for Indonesians which under the much looser and more flexible Indonesian code of procedure (Pompe, 2005 : 46). It gave far less protection and fewer right to defendant/ suspect.

The judicial process was also different, the Netherlands Indies Supreme Court which head three courts as a …show more content…

After Indonesian independence, the HIR adopted with some conditions. It made many interpretations of its law enforcement implementations. (Purnomo, 1984 : 21) Since then, the law enforcement institutions such as the police and the IPS competed to get the powerful authority than another (Lev, 2000 : 74-97). The police was not the hulp magistraat (part of the prosecution service) anymore, they shifted out its investigation authority from the IPS supervision to be more independent, the judicial supervision for the indictment to the IPS was revoked and the IPS was part of the executive.

Every institutions had their own interpretation on the HIR based on their own law, which some of these was not in line with the HIR. These practices made the criminal law enforcement in the turmoil. Then, in 1964, the Indonesian Government initiated a drat of criminal procedure code to dealt with these multiple interpretations of the HIR. There were various meeting between the police, the IPS and the judicial Institution for negotiating their roles and authorities in the criminal justice system. In 1976, a draft for a new Indonesian Criminal procedure Code was submitted to the legislative, and five years later, in 1981, a new code of criminal procedure the Kitab Undang-undang Hukum Acara Pidana (KUHAP) was enacted. This code continued to follow most of the Dutch legacy of criminal procedure, with adding some new features.

The KUHAP tried to adjust the procedure

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