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SEKILAS PEMAHAMAN HUKUM ACARA PIDANA

SEKILAS PEMAHAMAN HUKUM ACARA PIDANA

 

Nama resmi undang – undang hukum acara pidana Indonesia disebutkan dalam Pasal 285 KUHAP, yang menegaskan: “Undang – Undang ini disebut Kitab Undang – Undang Hukum Acara Pidana”.

Hukum Acara Pidana termasuk pada Hukum Pidana dalam arti luas. Hukum Pidana dalam arti luas meliputi: Hukum Pidana Materil dan Hukum Pidana Formal (Hukum Acara Pidana).

Pedoman Pelaksanaan KUHAP memberi penjelasan tentang tujuan hukum acara pidana, sebagai berikut: “Tujuan dari hukum acara pidana adalah untuk mencari dan mendapatkan atau setidak – tidaknya mendekati kebenaran material, ialah kebenaran yang selengkap – lengkapnya dari suatu perkara pidana dengan menerapkan ketentuan hukum acara pidana secara jujur dan tepat, dengan tujuan untuk mencari siapakah pelaku yang dapat didakwakan melakukan suatu pelanggaran hukum, dan selanjutnya meminta pemeriksaan dan putusan dari pengadilan guna menemukan apakah terbukti bahwa suatu tindak pidana telah dilakukan dan apakah orang yang didakwa itu dapat dipersalahkan”.

Meskipun Hakim terikat pada Surat Dakwaan sebagai dasar pemeriksaan di sidang pengadilan, ia bebas untuk mendapatkan bukti – bukti termasuk pemeriksaan saksi – saksi yang diajukan oleh para pihak (Penuntut Umum dan Terdakwa/Penasehat Hukumnya) untuk memperkuat keyakinannya.

Van Bemmelen mengemukakan 3 (tiga) fungsi hukum acara pidana, yaitu:

  1. Mencari dan menemukan kebenaran;
  2. Pemberian keputusan oleh Hakim;
  3. Pelaksanaan keputusan.

Asas – asas penting dalam Hukum Acara Pidana, meliputi:

  1. Peradilan Cepat, Sederhana dan Biaya Ringan.
  2. Praduga Tak Bersalah (Presumption of Innocence).
  3. Asas Oportunitas.
  4. Pemeriksaan Pengadilan Terbuka untuk Umum.
  5. Peradilan Dilakukan oleh Hakim karena Jabatannya dan Tetap.

Pengertiannya adalah pengambilan keputusan untuk menentukan salah tidaknya Terdakwa dilakukan oleh Hakim karena jabatannya dan bersifat tetap.

  1. Semua Orang Diperlakukan Sama di Depan Hakim.
  2. Tersangka/Terdakwa Berhak Mendapat Bantuan Hukum.

Pasal 69 s/d Pasal 74 KUHAP.

  1. Asas Akusator dan Inkisitor (accusatoir dan inquisitoir).

Asas Akusator yaitu Kebebasan untuk memberi dan mendapatkan nasehat hukum, sedangkan yang dimaksud dengan Asas Inkisitor adalah Tersangka/Terdakwa dianggap sebagai obyek pemeriksaan.

  1. Pemeriksaan Hakim yang langsung dan lisan (Pasal 154, 155 dan seterusnya KUHAP.

 

Created  and Posted By:
Appe Hamonangan Hutauruk, SH., MH.
Lecturer, Advocate and Legal Consultant
Handphone: 0818964919, 085959597919, 081213502002

About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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