Sumbangan Pemikiran Hak Asasi Manusia Terhadap Pembaharuan Kitab Undang-Undang Hukum Acara Pidana (KUHAP)

Abstract

The idea of renewal of the Criminal Procedure Code can not be separated from the conceptual
contribution of Human Rights (HAM). This contribution has been explicitly included in the
preamble of the draft of Criminal Procedure Code. Although the current Criminal Procedure
Code already provides protection to the rights of the suspect or the accused, but the
implementation is still not optimal. Therefore, in the draft of Criminal Procedure Code there is
a new institution called the Judicial Commissioner (Rechter-Commissaris) to replace the
function of Pretrial institutions. The Judicial Commissioner has far wider powers of Pretrial
institution, so that the protection of the rights of suspects or defendants in any stage of the
judicial process will be more secure fulfillment. The development of human rights concept also
contributed to the idea to regulate the rights of victims in the renewal of the Criminal Procedure
Code. Protection of the rights of victims in the current Criminal Procedure Code is limited to
the rights to the incorporation of lawsuits for damages to the criminal case. Because it has not
adequately regulated in the current Criminal Procedure Code, the draft of Criminal Procedure
Code regulates the rights of victims, both associated with involvement in all stages of judicial
proceedings and the right to sue for damages.