JURIDICAL REVIEW THE EXISTENCE OF COMMISSIONER JUDGES AS AN ALTERNATIVE TO THE PRETRIAL SYSTEM
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What underlies the emergence of commissioner judges is to better protect human rights guarantees in the sentencing process and to avoid congestion caused by discrepancies between sentencing and different agencies. This formulation shows that commissioner judges are not institutions such as pretrial but officials or judges authorized to assess the course of investigations, prosecutions, and other powers specified in the Draft Criminal Procedure Code Article 1 paragraph (7). Based on these considerations, the commissioner judge institution is attached to the position of commissioner judge. This study aims to determine and understand the arrangements regarding commissioner judges in the Draft Law on the Criminal Procedure Code and explain the prospects for commissioner judges in realizing an integrated criminal justice system compared to pretrial. This research was conducted using a normative juridical approach. Namely, legal research examined the policy formulation of commissioner judges stipulated in the 2011 Criminal Procedure Code Bill as a substitute for pre-trial institutions. From the results of discussing the provisions regarding the terms and procedures for appointing and dismissing commissioner judges, the Criminal Procedure Code regulates them. The domination of judicial power through the Commissioner Judge can be seen from his authority to supervise the actions of investigators and public prosecutors at the preliminary examination stage. This set of authorities has implications for the positive contribution of this new institution in realizing an integrated criminal justice system that is better than pretrial. The formulation of Commissioner Judges in the 2011 Criminal Procedure Code Bill must minimize violations of suspects’ rights at every stage or process of criminal justice. It can reduce judicial mafia, which is likely to occur in current judicial practice. In this case, it can be minimized by the commissioner judge because the commissioner judge has appointed a judge who specifically handles pretrial. Judges in pretrial are independent, but judges in commissioner judges have been determined by a special judge who will decide on the case filed.