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
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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authority from the IPS supervision to be more independent, the judicial supervision for the indictment to the IPS was revoked and the IPS was part of the executive.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
These rules have been developed in order to try and keep the process fair to both sides and ensure consistency between trials. The implementation of legal aid ensures that poorer offenders have access to the legal system and receive a fair trial. The measures both legal and non-legal through the criminal trial process ensure that each offender receives a fair trial in which they can be correctly convicted and effectively sentenced.
The Secretary-General has urged Indonesia to remove the death sentence on the men awaiting execution, including Chan and Sukumaran, suggesting that the death sentence on drug related crime should be permanently removed (United Nations 2015). Furthermore, interviews and documentaries provided agreeing evidence that Chan and Sukumaran had been rehabilitated and worked hard to improve the environment for other prisoners; yet, President Joko ignored the evidences and refused to reconsider (‘Joko Widodo: No foreign interference on death penalty’, 2015). Consequently, the justice of the Indonesian law relating to drug crime was
In conclusion, to sum up the whole thoughts, Bali Nine initially has existed for over one decade. It begins in 2005, when Indonesian police caught nine Australians were bringing 8.3kg kokain. The drug smuggling issue became famous dramatically because two of the nine people in Bali Nine case were received the death penalty from the Indonesian court. The thing also became worse, when Jokowi, Indonesian president decided to cancel all of the judicial review and process the executions immediately. Moreover, the Australian government put lots of efforts to change the Indonesian government decision, particularly on Joko Widodo as the head of the government and state in Indonesia. Nevertheless, both of the Indonesian and Australian government remains
This paper is going to discuss different culture concerns, and what the influences are in today’s society within the criminal justice system. Also, this paper will talk about how to attend to different culture concerns, security administration, and how influences affect the criminal justice system. Some of the other points that are going to be touched up on are contemporary methods that are used in societies of assorted cultures, how these different influences and considerations related to and affect nondiscrimination practices within the criminal justice system. Last but not least, this paper is going to go over Sir Roberts Peel’s nine
In the course preserving the law and order, the effectiveness of the system designed to administer justice cannot be over emphasized. Faith in the adjudicatory system by the populace is often underscored by the satisfaction the populace derives from it in terms of its administration of justice. Hence it is pertinent to analyze the approach certain countries are employ in their respective adjudicatory process.
of that crime has to be evaluated by the same society as well as the
This paper will cover topics such as; what a court is and what the purpose of the court is. This paper will define the dual court system. In addition this paper will describe the role that early legal codes, the common law and the precedent played in the development of courts. And lastly this paper will identify the role of the courts in the criminal justice system today.
As the Attorney General Regulations (known as PERJA) 036/A/JA/09/2011 mentioned that the general crime division have tasks to prosecute the crimes which regulated in the KUHP specifically on the crimes against the people and property, the crimes against state security and public order, and the general crimes which regulated outside the KUHP including criminal acts or misdemeanours regulated by local governments (PERDA). While PERJA 017/A/JA/ 07/2014 stipulates that the division of special crimes dealing with corruption cases, tax crimes, economic crime (customs and excise), human rights violations and money laundering cases which derived from the case handled by the special crime division.
The criminal justice system is a diverse system used around the globe. When in consideration of what the definition of the Criminal Justice system which is a law enforcement that is directly involved in apprehending, prosecuting, defending, sentencing, and punishing those who are suspected or convicted of criminal offenses ("criminal justice system: definition of criminal justice system in Oxford dictionary (American English) (US)," n.d.). Here have been many historical events that have led up to today’s way of handling the criminal trends. So many factors come into play. In order to control or make order of society you need laws and guidelines within the country and as well amongst the international countries.
The criminal justice system is a set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. Different jurisdictions have diverse laws, agencies, and ways of managing criminal justice processes. In recent years, it has been debated that the criminal justice system has two primary and possibility conflicting perspectives known as the retributive justice approach and the restorative justice approach. Retributive justice and restorative justice have contrasting approaches when imposing punishment, that will be explored within this research paper, in regards to the disadvantages and potential advantages resulting from the implementation of it’s polices within the criminal justice system. These two perspectives have been implemented amongst many different criminal justice systems internationally, however the questions still remain, what is justice? And how should justice be served? This debate has created a divide between countries, due to the differing interpretations of justice and it’s response to criminal activity. The statistical information has been extracted from various online sources listed within the references as well as primary and secondary sources, “Prisons” by Haley, James and “Alternatives to Prisons” by Jennifer Skancke.
This paper is going to describe the road from arrest to Supreme Court, and the two ways a
Most people don’t know about the three major components of the criminal justice system, but, in this paper the reader will know what they are. The reader will also read about how the three components interrelate to one another, and also how the conflict one another. The
The Criminal Justice Systems have various objectives to achieve, one of them being reduction of crime levels. Another core objective is practicing justice. These two objectives can be achieved in various ways. Evidence has been presented by the authors that the judicial systems sometimes play unfair in solving crime cases.
This paper will describe police power and police authority. I will also talk about police discretion as for as whom gets locked up and who is allowed to go free. This paper will discuss the different use of police force. In this paper I will also talk about police attitude, police misconduct, and physical abuse among police officers.
Indonesia complained of their lack of autonomy In regions such as Maluku or other areas of Eastern Indonesia, “a low capacity for generating local revenue restricted the ability to adapt projects and development to local conditions” (Bertrand, 198).). The scanty amounts of funds were unable to support the poor and other problems. Bertrand states, “Faced with the New Order regime introduced mild reforms that were designed to address some technical issues while avoiding political decentralization” (Bertrand, 198). In 1995 the Minister of Home Affairs selected 26 districts were used to evaluate the measures designed to increase autonomy. They noticed an increase in Indonesia budget, but they still failed to support the poor, which resulted in