Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)

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Plea Bargaining System Model in RKUHAP 2025: Special Path Analysis in Indonesian Criminal Procedure Law Reform

Authors
Kukuh Dwi Kurniawan1, *
1Faculty of Law, University of Muhammadiyah Malang, Malang, Indonesia
*Corresponding author. Email: kukuhdwik@umm.ac.id
Corresponding Author
Kukuh Dwi Kurniawan
Available Online 18 November 2025.
DOI
10.2991/978-2-38476-491-4_27How to use a DOI?
Keywords
Plea Bargaining; RKUHAP; Criminal Justice System; Guilty Plea; Judicial Efficiency
Abstract

The high caseload in Indonesian courts is a significant challenge in the criminal justice system. One of the proposed solutions is the application of Plea Bargaining through special channels in the Criminal Code. This research aims to analyze the arrangement of Plea Bargaining in RKUHAP, the challenges faced in its application, and its advantages and disadvantages compared to other countries. The formulation of this research problem includes how the Plea Bargaining mechanism is regulated in the Criminal Code and what the implications and challenges are in Indonesia. The research method used is normative research with a literature study of relevant legal literature and legislation, as well as a comparison of the application of plea bargaining in other countries. The research findings show that although Plea Bargaining can improve judicial efficiency, its implementation in Indonesia faces cultural, social, and legal uncertainty challenges, especially regarding the role of judges in ensuring the Defendant’s confession is voluntary. In conclusion, the successful implementation of Plea Bargaining in Indonesia relies heavily on close supervision, transparency, and adaptation to local values in order to maintain the principles of substantive justice while reducing court caseloads.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
18 November 2025
ISBN
978-2-38476-491-4
ISSN
2352-5398
DOI
10.2991/978-2-38476-491-4_27How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Kukuh Dwi Kurniawan
PY  - 2025
DA  - 2025/11/18
TI  - Plea Bargaining System Model in RKUHAP 2025: Special Path Analysis in Indonesian Criminal Procedure Law Reform
BT  - Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
PB  - Atlantis Press
SP  - 291
EP  - 298
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-491-4_27
DO  - 10.2991/978-2-38476-491-4_27
ID  - Kurniawan2025
ER  -