Implementation Protection of The Defendants Rights Through Process of Criminal Justice in Indonesia

This study comprehensively examines the implementation of defendants' rights protection within the criminal justice process in Indonesia, reviewing the intersection and normative tensions between general criminal law according to Criminal Procedure Code and the new Criminal Code (KUHAP & KUHP) and special criminal law (lex specialis). Employing a normative legal research method with statute and conceptual approaches, the findings indicate that although normative guarantees such as the presumption of innocence, the right to legal assistance, and the right to defense are explicitly established, their operational implementation frequently encounters practical obstacles including public opinion, limited access to justice, and procedural deviations within extraordinary crime regimes. The discussion emphasizes the necessity of maintaining a proportional balance between crime enforcement effectiveness and human rights protection through the strengthening of independent judicial roles and consistent regulatory harmonization to achieve substantive and humane criminal justice.

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Publication Details

Journal
Jurnal Terekam Jejak
Published
2026-10-28
DOI
https://doi.org/10.68166/jtj.v4i2.458
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

Implementation Protection of The Defendants Rights Through Process of Criminal Justice in Indonesia

Theresia Siagian, Tessa Rialifa, Tia Amanda Dwi Sulbani, Shella Pratisara Anjani et al.
1 links
Jurnal Terekam Jejak
Indonesian Legal and Regulatory Studies
article

Implementation Protection of The Defendants Rights Through Process of Criminal Justice in Indonesia

Theresia Siagian, Tessa Rialifa, Tia Amanda Dwi Sulbani, Shella Pratisara Anjani, Hartaria Tarigan
article en

Abstract

This study comprehensively examines the implementation of defendants' rights protection within the criminal justice process in Indonesia, reviewing the intersection and normative tensions between general criminal law according to Criminal Procedure Code and the new Criminal Code (KUHAP & KUHP) and special criminal law (lex specialis). Employing a normative legal research method with statute and conceptual approaches, the findings indicate that although normative guarantees such as the presumption of innocence, the right to legal assistance, and the right to defense are explicitly established, their operational implementation frequently encounters practical obstacles including public opinion, limited access to justice, and procedural deviations within extraordinary crime regimes. The discussion emphasizes the necessity of maintaining a proportional balance between crime enforcement effectiveness and human rights protection through the strengthening of independent judicial roles and consistent regulatory harmonization to achieve substantive and humane criminal justice.

Jurnal Terekam JejakVol. 4(2)
Lampung University (ID), Universitas Bandar Lampung (ID)
Peace, justice, and strong institutions
Openalex Percentile: Top 4%
Indonesian Legal and Regulatory Studies
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