Legal Uncertainty in Criminal Justice: A Study of the Practice of Changing Charges in Replicas Based on the Criminal Procedure Code

Abstract

Dynamic legal demands often lead to changes in the criminal justice process, including changes in demands in replies. As the legal basis for criminal procedure in Indonesia, the Criminal Procedure Code gives the public prosecutor (JPU) the authority to change the indictment before the trial begins. Still, it does not explicitly regulate changes in demands in replies. This study aims to analyze demand changes in replies using a qualitative approach and literature study. The data used are in the form of laws and regulations, such as the Criminal Procedure Code, the Prosecutor's Office Law, and court decisions, as well as related legal literature. The study results indicate that changes in demands in replies are a practice that occurs in the dynamics of trials, although they do not have a strong legal basis. This has implications for legal certainty and the principle of legality in criminal procedure law. Changing demands require special attention from stakeholders to formulate more explicit rules to ensure justice and legal certainty for all parties involved in the criminal justice process.