Hukum Acara Pidana - M. Fatahillah Akbar S.H L.LM

Assalamualaikum Wr. Wb

Good morning, we're recording this in the morning, not in the afternoon. So if you're watching this at night, I still want to say good morning. I'm Muhammad Fathahillah Akbar, SHLLM. I'm currently in charge of the Department of Law at the Faculty of Law, Kejah Mada University. And I'm also the Secretary of the Department of Law at Kejah Mada University. There are many questions that come in, from various elements and so on.

especially in the outside world. Now, finally, we are watching the Jessica case. Yesterday, the Jessica case finally did not create a procedure experience for the Supreme Court to no longer open negotiations in front of the camera. Finally, if the Ahok case was last watched yesterday, the Ahok case is no longer in

We can watch it live, but we can see the news after the meeting is over, especially when we hear the interview from the witnesses or the experts present. So many questions are actually, how is the criminal case law implemented? Right now I will explain simply so that the general public knows how the criminal case law is in the Law of Criminal Case Law. I will explain simply.

The judicial system in broad sense is a formulation of application and execution of a judicial system concept. What I will talk about today is the judicial system in a nutshell which is in the application area. Where it means we are talking about the Law of Judicial Act. The history of the KuHab was born in 1981. Before 1981 we used

Herzen Indische Regelung, or HIR, which is still used today as a legal action per data. But the law of criminal action was born in 1981. Why do we call it KUHAP? Even though if we look at Law No. 8 of 1981. Later it will be seen in the closing part of the law. The law says, this law is then called the Law of Criminal Act or called KUHAP. So KUHAP is the definition

Juridic, which is determined by the law itself. How is the system in the Quhab? We must first see that the act is determined is a trial or not based on the process of investigation.

where the investigation determines whether an event is a criminal act or not. How? For example, someone dies in a closed room. The dead person is then brought to the police, the police determine whether the dead person died because he was poisoned, because he poisoned himself, killed himself, or because he had a heart attack.

if it turns out that he was poisoned by someone else, it means there is a suspicion of a criminal act where in this case he can increase his level to be a witness because he is a criminal act if he turns out to be poisoned himself or because of heart disease and so on, it means that he must not be given further witness, he must be finished, not a criminal act

When it comes to education, education has three goals. In the first paragraph of the second chapter of the Kuhaf, it says that education is a series of educational actions to find evidence, make things clear, and determine its assumptions. According to the decision of MK No. 21 of the 12th year of 2014, where then

It relates to justice, but the decision's ratio expands the definition of education. Where education in the definition means a chain. What do you mean by chain?

In this case, in education, the tool of evidence must be determined first, the case must be made clear, and it is suspected that it is the end of the purpose of the education. So the process must be like that, where everything is collected in the dossier or BAP. BAP is the final result of education, where all collectivities

evidence, chronological evidence, and also the assumption that the tools and evidence are all collected in the investigation, summarized in the BAP. The investigation is completed, then the evidence is transferred to the public prosecutor, where the public prosecutor will make a request. Before entering the request, there is a process called the public prosecutor to check whether the BAP is complete or not.

If not complete, returned to the prosecutor. This is the concept called pre-appointment. This concept can be said as a form of surveillance, check and balances between public prosecutors to the prosecutor so that the process does not violate the rules according to the concept that is regulated in the law of the law, especially the QHAP and its implementation rules.

When it's done like that, we go back to the requirement. So this pre-request process can happen several times and so on, you will learn later. Because this is a simple video, I have to continue the concept of the requirement. After the pre-request is completed or considered complete BAP, or if we know it popularly, it is called P21.

then the general demand is said based on the article 139, 140 of the Quhab the general demand must immediately form a dakwaan letter there is no time limit, education and demand do not have time limits but in this case there is only a time limit if it is expected to be maintained but we are not talking about forced efforts, maybe in another video the demand is made immediately

The ultimate goal of the ruling is to transfer the evidence to the court. But the general judge is not a courier, he is not just bringing evidence from the police to the court. But the general judge is a legal expert, where he transforms the complicated BAP, he makes it into a dakwaan letter.

That is the result of the application. It forms a declaration letter that goes through a long process where the result of the declaration is what will be transferred to the court. Later we will also learn that there are many forms of declaration. If it is simple, it can be single. In certain cases, it can be an alternative form. A layered subsidiarity can be cumulative if there is a combination or a combination of matters. And it can be a combination if there are several possibilities.

It's very complicated if we explain it further. The point is that the testimony will be sent to the court, and the court will determine the time of trial.

If it has been transferred to the court and it is finished there, it is the end of the claim and we start the trial in court. In the trial in court, if the prosecutor is responsible for the prosecutor, the claimant is responsible for the claimant, in the trial in court, the responsible for the PIC in charge is the judge. So the judge

will conduct an investigation into the case. What is the process? The first agenda, the judge will open a trial where the defendant in the concept of a general investigation, sorry, a regular investigation is obliged to present the defendant. So the defendant is obliged to be present. We are talking about a regular investigation in the law of the general judiciary.

which is regulated by the KUHP or the KUHAP must be presented. Presented the dakwah to be checked and so on. The most important agenda is to read the dakwah letter. So the dakwah that was passed by the public is read in front of the parliament. In a parliament that is declared open and open to the public. This is important, the point is

that dakwaan is the core of the trial. Why is it called the core? Because the judge will eventually decide based on the dakwaan itself. If someone asked in the Ahok decision yesterday, is the Ahok decision ultra-petita or not? The Ahok decision is not ultra-petita because it is not different from dakwaan, but different from the order letter. Later we will learn what is the difference between dakwaan and order.

Why? Not because of the key or the key of the trial. The trial in court is all based on the testimony. Okay, we go into the following after reading the testimony, the judge will offer whether the defendant wants to file a complaint or not. This is a right, not a duty. So it's up to the defendant whether he wants to file a complaint or not.

If the doctrine is to propose a doctrine, the doctrine can only be related to procedural things, the formula does not fit into the essence of the matter. In the doctrine, we do not talk about whether he is wrong or not, but we talk about whether the doctrine is correct or not, whether the relative competence is correct or not, and so on. Maybe in another video we can explain in more detail.

After the protest, if there is, then the public will be given the opportunity to ask for an answer to the protest. That is also the right of the public, whether they want it or not.

If the action is carried out and there is an answer, it will be decided whether to answer the action, be accepted or rejected. If the action is rejected, we enter the next agenda. If it is accepted, we will learn again later. The case will be stopped for the time being, there is a legal mechanism or other legal efforts that can be implemented.

If the answer is rejected, sorry, the weakness, then we will enter the most important stage in the trial in court, namely the agenda of proof. Enter the agenda of proof. If there is no weakness at the beginning, from the beginning, the judge said we don't have weakness, which means entering the concept of direct proof.

So this proof agenda, we will check the proof in the general court law, there are only 5 proofs. Article 184, the explanation of witnesses, experts, letters, instructions, and the explanation of the defendant. Only 5. But then the IT law is expanded, it says electronic proofs can also be presented in the trial. In some special courts, other proofs are also regulated.

But what needs to be learned in general, we have 5 tools. And we also have evidence. The difference between evidence and tools in our current KUHAP. Now, it must be checked in order. From the opportunity of the general candidate. Because the general candidate who has

the burden of proof in the law of the court in the law of the court the burden of proof is on the judge after the process is later started with the examination of the witness the end of the proof is the declaration of the witness when the entire tool of the judge and the counsel of the law is finished then it is the tool of declaration of the witness when the declaration of the witness is finished then it is the end of the examination of the evidence after that

the judge will give the opportunity to the judge general judge to make a criminal claim letter or commonly called requisitor the difference between the claim and the claim in the beginning of the claim it only summarizes about BAP about what the act is and which clause is being claimed the claim is based on the evidence that has just been done before and it has summarized

whatever the formula of the trial that has been proven and already has a trial demand. So, as in the case of Ahok, for example, the public prosecutor demanded trial to Ahok. That's a claim. So there are already criminal sanctions that are expected by the public prosecutor to be dropped. Like the case of Jessica, which was given a trial demand, which later may be different from the judge.

Then, after the order is read, the judge will give the judge a chance to give a pleidoy, or usually called defense. This defense is different from the previous exception or rule of law, defense is about the nature of the case. So here,

The legal advisor is given the opportunity to convey all the arguments that it is not wrong or there are reasons for the removal of the sentence or there are other reasons to reduce the sentence. There is no good format based on the defense note, so we can see various forms of defense. If we see there are some accused of reading poetry, there are some accused of crying dramatically in front of the judge, there is no limit.

So this is indeed an art of legal counsel or interrogation. After that, there will be a replica of the general judge or a duplicate of the legal counsel. Answering, answering. Not limited by the basics, so it depends on when they want to finish the debate. When it's done, there is no more answering, the judge will ask again, "Is there still an answer from each party?" If not, then the investigation is closed.

After the examination is closed, the judge will make a decision. So the judge's decision or usually called the judge's trial. The judge in this assembly will make a decision. They will decide. The first thing to be seen is the judge's consideration must only be based on the testimony and the evidence that has been done. In addition, we use the concept of negative-ethelic theory or what is usually called the 183th chapter of the Quran based on

The judge can only decide based on at least two tools of evidence and his belief. This is the main basis of the court or the judge's trial. When the judge's trial is over, then he will make a decision. The trial must be determined based on the majority, the majority decision. For example, two people say they are wrong, one person says they are free or free, then they are still taken for wrong.

But if the three independent judges have dissenting opinions, all of them, all three of them are different, they will take the most favorable decision, or the most light-hearted decision. Then they will issue a decision. This final decision will be the final decision.

the decision of the state court where there are three types of decisions in the law of the judge there is a decision in the court, there is a free decision, there is a decision to be released the difference is that the free decision is that he is not proven to have committed a criminal act or that he was pledged a release decision is that he is proven to have committed the act but the act is not a criminal act

So after that, the judge will read the decision and offer, after it's finished, ask first if the judge understands the decision and offer legal action.

whether or not they will make a legal effort. The public prosecutor is also asked whether or not they will make a legal effort. So it depends on the parties. For free and free decisions, there is no legal effort to compare. It must be immediately investigated. For the decision of the judge, it can be compared depending on the trial process, except for the quick examination judge. Because this is a regular examination, everyone can

compared to the negotiation process. Maybe I realize this is already a big line of our negotiation law. A big line of examination at the first level court or the state court.

the court's discussion, yes, later, hopefully in the future we can discuss again what is lacking later can be included in our science channel of knowledge later we can give an answer like that hopefully it can enlighten not only people who have a background in law but the general public, thank you that's about our explanation about some things if for example there is still a question

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