MENJAGA KESEIMBANGAN ANTARA EFISIENSI PROSES HUKUM DAN KEADILAN DALAM IMPLEMENTASI PLEA BARGAINING PADA KUHAP

Abstract

This study examines the reform of Indonesia’s criminal justice system following the adoption of a mechanism equivalent to plea bargaining through the "special track" procedure introduced under Law Number 20 of 2025 concerning the new Criminal Procedure Code (KUHAP). The primary issue addressed concerns the strategy for balancing procedural efficiency with substantive justice, as well as its implications for the protection of defendants’ rights. Employing a normative legal research method based on the analysis of secondary legal materials, this study evaluates the harmonization of the new regulatory framework with established criminal procedural law doctrines.The findings indicate that the institutionalization of the special track mechanism has shifted the paradigm of the national criminal justice system toward a more pragmatic and adaptive model, capable of reducing case backlogs and improving the efficiency of public expenditure. Nevertheless, its implementation raises significant concerns regarding potential human rights violations, particularly when guilty pleas are used as coercive instruments by law enforcement authorities. Accordingly, judges must function as independent substantive reviewers to ensure that defendants’ admissions of guilt are made voluntarily, thereby upholding the mandate of Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia and the principle of non-self-incrimination. Furthermore, the application of this mechanism should be strictly limited and excluded from extraordinary crimes such as corruption and terrorism. In conclusion, efficiency and justice within a modern criminal justice system can coexist only through rigorous judicial oversight, full transparency, and comprehensive capacity-building for law enforcement institutions.