Volume 2, July – December The Absence of Initial Investigation Process in the Draft of Indonesian Criminal. Procedure Law (RUU KUHAP). Chandra M. Ministry of Law and Human Rights a draft revised KUHAP has been prepared and is 1 to depict a comprehensive scope of provision of the draft KUHP and KUHAP, as well as the significant .. Proses pembahasan RUU KUHAP ,. Institute for.

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The need for a new criminal code was recognised at senior levels by the early s.

draft ruu kuhap pdf reader – PDF Files

The contested nature of the drafting process has resulted in unsatisfactory compromises, uncertainty, and contradictions. To learn more about how to request items watch this short online video. Criminal offences also exist in a number of other national laws, and have been passed by local districts under decentralisation. In the Library Request this item to view in the Library’s reading rooms using your library card. National Library of Australia. These are important kjhap. That discussion — what should be criminalised and how — is likely to be a process that will be played out in the public sphere to a much greater extent.

It therefore also likely to be a much nastier affair, especially regarding offences relating to social and moral issues. Yet certain offences appear at odds with this progressive approach.

Indonesia’s long wait for its own criminal code – Indonesia at Melbourne

This is often presented as a sensible compromise. Request this item to view in the Library’s reading rooms using your library card. The media has covered deliberations, and there has been critical engagement from respected civil society organisations like the Institute for Criminal Justice Reform ICJR and Hukum Online. Advanced search Search history. You must be logged in to Tag Records. Given its significance, reform should not have taken so long. After Indonesian independence inthe Dutch penal code was adopted mostly unchanged and continued to apply.


Reforming it may have even more impact on ru criminal justice system in Indonesia. It is currently also considering other weighty laws, notably the revision of the Counter-Terrorism Law.

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See what’s been added to the collection in the current 1 2 3 4 5 6 weeks months years. For example, political parties hold different views on the role, if any, of customary law, and dravt it relates to the principle of legality Articles 1 and 2.

The existing, problematic code dates back to Working groups were appointed a number of times over the years but they did not produce reformist proposals and, in any event, their work did not lead to new legislation.

It has previously complained about the complexity of reforming the code, given its size it contains articles and scope. There has also been debate over the extent to which the KUHP is truly a code and applicable to other laws Article There are also offences that limit free ruy, by criminalising insulting the president, government and other public institutions. It also means a convict may be on death row for 10 years — not a desirable outcome given the documented psychological damage this can cause prisoners.

draft ruu kuhap pdf reader

Article of the draft code, however, stipulates that the KUHP will be the default source of criminal law principles for offences contained in any other law, unless otherwise specified. It contains fundamental principles of criminal law, provisions regarding criminal responsibility, provisions regarding sentencing, and so on.

Criminal courts — Indonesia. This is starkly illustrated by the content of the DIM daftar inventarisasi masalaha document that details the concerns of the various political factions about each article in the draft fuu. Can I borrow this kuha;

A multitude of sins: You can view this on the NLA website. More worryingly, it appears to maintain and even expand the reach of offences related to public morality and the state.


Further information on the Library’s opening hours is available at: User Username Password Remember me. Members of Aboriginal, Torres Strait Islander and Maori communities are advised that this catalogue contains names and images of deceased people.

The draft includes a probationary period of 10 years, after which the death penalty may be replaced by life imprisonment.

Indonesia’s long wait for its own criminal code

Can I get a copy? The Goverment in an effort to reform national criminal procedural law through Draft Criminal Code proposed by the Ministry of Justice intends to overcome the deficiencies contained in the pretrial institutions by replaced them with judges agency commissioner has the authority more concrete and comprehensive.

In Drafa draft was submitted to the DPR, and was deliberated alongside other significant draft laws, including euu draft criminal procedure code.

Catalogue Persistent Identifier https: In conditions like today, it is very difficult to expect passage monitoring system using a model judge commissioner, if the model judge these commissioners to be applied in accordance draft Criminal Code then the implication is reshape the entire order of draftt criminal justice system today, to be returned to the system of European traditions Continental kuhzp never apply in advance at the time of entry into force Reglement Strafvordering Rv.

President Joko Widodo recently announced a legal sector reform package. How do I find a book? Offence provisions will continue to exist in a significant number of other national and local laws. That is highly unlikely, however, given support for the punishment in Indonesia — the DIM does not contain any record of opposition to the inclusion of the death penalty. Dgaft this task remains incomplete. This attempt also foundered but formed the basis for subsequent drafts.