The Asian Human Rights Commission and the Indonesian Court Monitoring Society/MaPPI-FHUI wishes to inform you about a journal (essasy) written by the Chairman of the Indonesian BAR Association (Peradi Rumah Bersama Advokat), Mr. Luhut M. P. Pangaribuan concerning Preliminary Examination Judge in Indonesia Justice System Design. The journal paper can be accessed here
The legislation process for the Draft of Indonesian Criminal Procedure Law (RKUHAP) have been discussed by the Indonesian House of Representatives (DPR-RI) has created pros and cons, especially in relation to law enforcement authorities. Conceptually, the criminal justice system is related to power limitation because every use of power related to fundamental rights shall comply with the principles of judicial scrutiny.
This short essay elaborates one part from RKUHAP, which is the Preliminary Examination Judge (HPP). In the previous RKUHAP, HPP was called “Commissioner Judge”. HPP became very important realizing fair, impartial and objective Criminal Justice System to prevent power monopoly, interpretation and even arrogance. HPP can also prevent the possibility of corruptive behaviors of the law enforcement authorities who are in power. This essay will analyze and recommend how HPP in RKUHAP presents judicial scrutiny.
This journal also published in the Indonesian Journal of Judiciary Teropong which published by the Indonesian Court Monitoring Society/MaPPI-FHUI.