KINERJA ORGANISASI PERADILAN PIDANA DALAM KAITAN PEMERIKSAAN PRAPERADILAN

Abstract

In Indonesia, protection and guarantee for human rights are basically and procedurally connected to the criminal justice process, it is obviously in UU Nomor 8 Tahun 1981 (Kitab Undang-Undang Hukum Acara Pidana). Human rights protection its clearly found within Consideration, Articles and Clarification, such as treatment in equality before the law with no discriminations, presumption of innocence, rights for compensations, principle of legality, speedy and fair trial, etc. Even the such principles are explicity professed, but infortunately the implementation is really disadvataged for person rights who charged with a criminal offence protection. The apparatus seems to human rights harrasment and prjudiced the law as their own power, there are so many abuse of legal procedure by the police officers, prolonged taking a case at police level, prosecutor and court are indicating the ignorance of person rights are charged with criminal offence. The phenomenous is necessary to be observed, therewhen anyone charged with a criminal offence propossed demand for praperadilan operating, radically changes will happened towards performance of criminal justice system. By critical quistions, what happen behind the performance changes, what perception as basic as well as howthe criminal justice prcess really is, are become the objectives or this research to be discovered. By using paradigm of theory of organization and criminal justice administration model, this research is suited on qualitatif methode and socio-legal approach. The reality in practice indicating performing criminal justice organization is much over disadvantages for the people then its benefit. Police officers as gatekeepers in acomplishing ther request are rendered by violence, torture atomatically abuse of law procedures, those are caused by law enforcement aims orientation for primarily "effecieny" principles as main target. So do the the prosecutor and judge. Criminal justice organization during the criminal process move into double directions, those are toward case settlement in with caused serious public opinion and the case in wich paid no attention. From the beneficial one for their own interest, not for the public interest. In controversialism toward conspiration for abbandoning operate of praperadilan. Those officiers's perceptions indicate criminal offence is seen as a law object, there is dichotomi between officers and criminal offences performance and perception priority for effeciency. For this aim it is important "due process of law" with priority on human rights protection and instituting opennes as work fashion and so created of praperadilan as effective public control.