PENERAPAN ASAS DUE PROCESS OF LAW DALAM HUKUM ACARA PIDANA DI INDONESIA

Abstract

This study aims to analyze the application of the principle of due process of law in the Indonesian criminal justice system through a normative-comparative juridical approach based on literature studies. The data in this study were obtained from legislation, court decisions, and national and international academic literature. The results of the analysis show that although Indonesia has adopted the principle of due process of law into the Criminal Procedure Code, the Judicial Authority Law, and national human rights instruments, its implementation still faces various normative, structural, and cultural obstacles. A comparison with international standards (ICCPR and UN Guidelines on Legal Aid) shows partial compliance in the aspects of legal aid and presumption of innocence, but pretrial supervision and judicial transparency remain weak. This study concludes that there is a need for regulatory harmonization, integration of the criminal justice system, and the application of due process based on Pancasila values to achieve substantive and humane procedural justice.