Examining of the Concept of Standard of Proof in the Indonesian Criminal Procedure Code

Abstract

The pursuit of justice is a fundamental pillar of civilized society, symbolizing hope amidst the complexity of human interaction. The balance between freedom and accountability of law enforcers depends on proof that refers to the standard of proof. In Indonesia, the journey to justice passes through various thresholds of proof, which serve as checkpoints in uncovering the truth. The Criminal Procedure Code (KUHAP) aims to ensure justice through a structured legal framework, but its effectiveness is often hampered by ambiguity and inconsistency in applying these standards. This study uses a normative legal research method with a conceptual approach and a statute approach. All legal materials were collected using literature studies, then analyzed using qualitative methods. The results of the study show that the standard of proof in criminal procedure law is used to ensure that criminal decisions are based on strong and convincing evidence, thereby minimizing the risk of erroneous decisions. The Indonesian Criminal Procedure Code does not explicitly define or articulate the standard of proof commonly found in other legal systems. Even if it is not, the law implicitly requires a degree of reasonableness and factual basis for actions taken by law enforcement.