The Influence of Public Opinion on the Application of the Presumption of Innocence to the Criminal Justice System

The principle of presumption of innocence is a core aspect of the Indonesian criminal justice system. It guarantees that anyone accused of a crime is treated as innocent until a binding court verdict proves otherwise. However, the development of information and communication technology, especially through mass media and social media, has created new challenges to the application of this principle. The phenomenon of trial by media and trial by social media often leads to the formation of judgmental public opinion before the legal process is completed. This study seeks to explore how public opinion affects the implementation of the presumption of innocence and to assess the types of legal protections available to suspects or defendants against premature public judgment. This study employs a normative juridical method combined with a case study approach, focusing specifically on the Jessica Wongso and Vina Cirebon cases. The results of the study show that public opinion formed by media coverage and online conversations often affect the objectivity of law enforcement officials, from the investigation stage to the trial. Therefore, it is essential to reinforce media regulations, enhance public legal awareness, and maximize the function of the Criminal Procedure Code (KUHAP) and the Press Law as legal tools to ensure a fair and independent judicial process that balances freedom of expression with the protection of individual rights.

Authors

Publication Details

Journal
INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSIS
Published
2025-06-09
DOI
https://doi.org/10.47191/ijmra/v8-i06-06
Citations
1
Primary Topic
Criminal Law and Evidence
Type
article
Field-Weighted Citation Impact
15.98
Controls
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article

The Influence of Public Opinion on the Application of the Presumption of Innocence to the Criminal Justice System

Muhammad Ali Alladuniah
1 citations
INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSIS
Criminal Law and Evidence
15.98
article

The Influence of Public Opinion on the Application of the Presumption of Innocence to the Criminal Justice System

Muhammad Ali Alladuniah
article en
1 citations

Abstract

The principle of presumption of innocence is a core aspect of the Indonesian criminal justice system. It guarantees that anyone accused of a crime is treated as innocent until a binding court verdict proves otherwise. However, the development of information and communication technology, especially through mass media and social media, has created new challenges to the application of this principle. The phenomenon of trial by media and trial by social media often leads to the formation of judgmental public opinion before the legal process is completed. This study seeks to explore how public opinion affects the implementation of the presumption of innocence and to assess the types of legal protections available to suspects or defendants against premature public judgment. This study employs a normative juridical method combined with a case study approach, focusing specifically on the Jessica Wongso and Vina Cirebon cases. The results of the study show that public opinion formed by media coverage and online conversations often affect the objectivity of law enforcement officials, from the investigation stage to the trial. Therefore, it is essential to reinforce media regulations, enhance public legal awareness, and maximize the function of the Criminal Procedure Code (KUHAP) and the Press Law as legal tools to ensure a fair and independent judicial process that balances freedom of expression with the protection of individual rights.

INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSISVol. 08(06)
Openalex Percentile: Top 3%
Criminal Law and Evidence
15.98
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