CRIMINAL JUSTICE SYSTEM (CJS)IN ACCORDANCE WITH THE PERSPEKTIVE OF THE DIGNIFIED JUSTICE THEORY.
- Lecturer in Law at the Faculty of Law Universitas Bojonegoro Jawa Timur- Indonesia.
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In the understanding of the concept of the criminal justice system (CJS) that has been reffered to for centuries particularly in Indonesia, there has been no mentioned, among other things, of the role of the Advocat or attorneys at law as the law enforcement agency which being the element of the meaning of CJS. The attorney at law in the Indonesian System (the Pancasila Legal System). It has however been stipulated explicitly, and that is in accordance with the spirit of the Indonesian People (the Indonesian Volkgeist) as manifested through the Act Number 8 of 1981 on the Criminal Due Process Act and other related regulations that Advocate is one of the law enforcement element in the CJS. This has been made strong with the promulgation of the Act on Advocate (the Attorney at Law) that the attorney at law is a law enforcement agency. Therefore a critique could be registered in this place that from the pespective of the Dignified Justice Theory, the giving of the meaning to the concep of criminal justice system must be reconstructed or reformulated to mention among other things lawyers as the significant element in the meaning of the Indonesian concept of CJS. This reformulation of the concept of CJS according to the dignified justice perspective is in order to match with the name ?system? as part of the phrase ?criminal justice system?. As system, tt demands a whole, all elements must not be neglected in the understanding of the CJS. Apart from Advokat or attorney at law as the most significant element in the meaning of CJS that must not be neglected, there has also been institutions such as special criminal investigators and procecutors in the Indonesia Commision for Eradicating Corruption (KPK), and also other specialised criminal investigators within the public services agencies; all of these institutions must be considered as essential parts in the CJS. This article would argued that neglecting all of these elements in the understanding of the concept of CJS would lead to the wrong results of the praxis of the CJS, and as a result injustices will certainly occuring. It is therefore the dignified justice reffered to in this article must be used to understand the meaning of CJS. The theory of dignified justice is aim at achieving justice within the law. It takes the concept of justice as a system and to mean not simply proportionality or fairness or other things; but justice has also to be given the meaning as the Law perceiving human as human being (nguwongke wong).
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[Tri Astuti Handayani SH. M. Hum. (2017); CRIMINAL JUSTICE SYSTEM (CJS)IN ACCORDANCE WITH THE PERSPEKTIVE OF THE DIGNIFIED JUSTICE THEORY. Int. J. of Adv. Res. 5 (Oct). 883-888] (ISSN 2320-5407). www.journalijar.com
Lecturer in Law at the Faculty of Law Universitas Bojonegoro Jawa Timur- Indonesia