Rekonstruksi Mekanisme Plea Bargaining (Pengakuan Bersalah) pada Tahap Penuntutan sebagai Instrumen Efisiensi Peradilan Pidana dalam Pembaharuan Kitab Undang-Undang Hukum Acara Pidana Indonesia

Abstract

The reform of the Criminal Procedure Code (KUHAP) is an important part of the reform of the Indonesian criminal justice system to realize a simple, fast, and low-cost judicial process. One of the concepts developed in this reform is plea bargaining or the guilty plea mechanism at the prosecution stage. This study aims to analyze the concept and urgency of implementing plea bargaining, examine its provisions in the reform of the KUHAP, compare its implementation in several countries, and formulate a reconstruction of the plea bargaining mechanism that is in accordance with the Indonesian legal system. This study uses a statutory regulatory approach, a conceptual approach, a comparative approach, and a case approach with primary, secondary, and tertiary legal materials analyzed qualitatively through deductive reasoning. The results of the study indicate that the plea bargaining mechanism can increase the efficiency of criminal case resolution, reduce the burden on the judiciary, and provide legal certainty when implemented while still guaranteeing the principle of due process of law and protection of the defendant's rights. The provisions regarding the guilty plea mechanism in the reform of the KUHAP still require improvement, especially regarding implementation procedures, the authority of the public prosecutor, the role of legal counsel, and the supervision of judges. The proposed reconstruction positions guilty pleas as a mechanism to simplify the evidentiary process, carried out voluntarily, accompanied by legal counsel, with the judge's approval, and supported by sufficient evidence, thereby achieving efficiency in criminal justice without compromising legal certainty, justice, and human rights protection.