Legalized Injustice in Indonesia: Violation of the Defendant's Right to be Heard Last at Trial

Abstract

Procedural injustice in criminal trials in Indonesia is an important concern, especially regarding violations of the defendant's right to be heard last in the process of objecting to an indictment. This research focuses on the analysis of the provisions of Article 156 paragraph (1) of the Criminal Procedure Code which provides the public prosecutor with the opportunity to respond to the defendant's objections without giving the defendant or his legal advisor the right of final response. This provision creates inequality of opportunity in trials, which is contrary to the principle of equality of arms and the principle of audi alteram partem. Based on a conceptual approach and legal comparison with the criminal justice system in the Netherlands, this research identifies that reconstruction of Article 156 paragraph (1) of the Criminal Procedure Code is necessary to reflect the principle of equality. The addition of a right of final response for defendants in the objection process was proposed as a step to ensure fairer and more equitable criminal trials. This research makes a significant contribution to developing criminal procedural law in Indonesia by emphasizing the urgency of implementing the defendant's right to be heard last, as a form of protecting human rights and access to fair justice without discrimination.