The Implementation of the Criminal Procedure Code in Criminal Justice Proceedings to Ensure Justice for Defendants

Abstract

his study aims to analyze the implementation of the Indonesian Criminal Procedure Code (KUHAP) in ensuring justice for defendants within the criminal justice process. As a legal instrument grounded in human rights principles, KUHAP is expected to protect the rights of defendants, including the presumption of innocence, the right to legal counsel, and the prohibition of coercion during examination. However, in practice, several issues hinder its effectiveness, such as abuse of authority by law enforcement officers, societal tendencies to conduct “trial by the press,” limited access to legal aid for underprivileged defendants, and regulatory weaknesses that are not fully adaptive to technological developments. This research employs a normative juridical approach by analyzing statutory regulations and practical phenomena within the criminal justice system. The findings indicate that although KUHAP incorporates fundamental principles of justice, its implementation remains suboptimal. Therefore, comprehensive efforts are required, including regulatory reform through the revision of KUHAP, the application of scientific-based investigation methods, strengthening oversight institutions, and modernizing the judicial system through technological integration. These measures are expected to enhance the effectiveness of KUHAP in guaranteeing justice for defendants.