Adversarial System in Several Country Criminal Procedural Law: Insight for Indonesia

This study comprehensively examines the prospects for developing an adversarial system in the Indonesian Criminal Procedure Law. This study is a normative legal analysis based on primary and secondary legal materials, supplemented by a literature review. The approach is a conceptual approach that focuses on reading the theoretical thoughts of legal experts (doctrine). A comparative approach is employed to examine the experiences of other countries, such as Italy, China, and Mexico, in developing an adversarial system, utilising content analysis techniques for analysis. The results of the study indicate that ideologically, the development of an adversarial system in Indonesian criminal procedure law is not by the state ideology, namely Pancasila, which is anti-individualism and liberalism. The adversarial system is deeply rooted in the thoughts and values of individualism and liberalism. The experiences of other countries, such as Italy, China, and Mexico, have shown a cultural clash in developing an adversarial system. There is indeed a positive aspect to the adversarial system, namely the equality between the public prosecutor and the defendant, which appears to be reflected in the draft Criminal Procedure Code. Partial development of an adversarial system is considered a rational policy choice.