Urgensi Lembaga Hakim Komisaris Sebagai Alternatif Pengganti Lembaga Praperadilan

Abstract

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. The inclusion of the concept of commissioner judges in the Criminal Procedure Code invited debate among lawyers, both practicing. The conclusion of the result  that judges commissioners agency inclusion  in the draft Criminal  Code has the advantage of greater authority than the institution of pretrial in the Criminal Code. Nevertheless, has some fundamental flaws of liberty is very hung them at the mercy of the State. The  system of examination by the judge commissioner essentially closed (internal) and implemented individually. This system was once owned by our country as a former Dutch colony accordance with the principles of concordance. 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 the criminal justice system today, to be returned to the system of European traditions Continental as never apply in advance at the time of entry into force Reglement Strafvordering (Rv).