Criminal Case Examination Mechanisms Within The Indonesian Criminal Justice System: The Criminal Procedure Code

Abstract

This study examines the stages, mechanisms, and types of criminal case proceedings in court as regulated in Indonesia Criminal Procedure Code (Kuhap). This study uses a normative juridical method by analyzing regulations and various legal literature. The results of the study indicate that the criminal investigation process consists of four main stages: inquiry, inquest, prosecution, and court hearing. These four stages have interconnected functions and procedures to ensure the search for material truth while protecting the rights of suspects and defendants. This study also found that although the normative framework of the KUHAP is quite clear, practice in the field still reflects a number of obstacles, such as the position between prosecutors and defendants, a lack of understanding of procedural rights, and the need for society to adapt to technological developments, including the use of electronic evidence and the implementation of bold transmission. Overall, this study emphasizes the importance of implementing the principle of due process of law and the principles of fast, simple, and low-cost justice, accompanied by full respect for human rights at every stage of criminal proceedings.