Construction of Commissioner Judges in the Renewal of Justice Procedure Law Based on Pancasila

Abstract

The development of national criminal procedural law is based on the philosophy/view of life of the nation and the foundations of the state (Pancasila) which animates every article or paragraph and reflects the protection of human rights and the obligations of citizens. The rationale for amending Law Number 8 of 1981 concerning Criminal Procedure Law is to add the presence of a Judge Commissioner as an effort to protect the human rights of defendants, both in the investigation and prosecution process. Protection of human rights for suspects/defendants is an obligation that must be given to them by the state from all forms of oppression. This article raises the issue of what drives the construction of judge commissioners in the reform of just procedural law in Indonesia. So far, procedural law has raised many doubts about its ability to protect the rights of suspects. The Construction Judge Commissioner has the authority at the preliminary examination stage to supervise the implementation of coercive measures (dwang middelen), act executively to participate in leading the implementation of coercive measures, determine which investigator will carry out the investigation if a dispute occurs between the police and the prosecutor, and make decisions on objections - objections submitted by parties subject to action based on Pancasila law.