IMPLEMENTASI ASAS IN DUBIO PRO REO YANG DIGUNAKAN HAKIM MEMBEBASKAN TERDAKWA DI PENGADILAN NEGERI SURABAYA

Abstract

This study examines the implementation of the In Dubio Pro Reo Principle which obligates judges to render the most favorable decision for the defendant when reasonable doubt arises in acquittal verdicts at the Surabaya District Court. This principle serves as a manifestation of the presumption of innocence and a fundamental guarantee of defendant’s human rights under Indonesian criminal procedural law. Using an empirical legal research method, data were gathered through direct interviews with judges at the Surabaya District Court to assess the principle’s practical application in real judicial settings. The findings reveal that its application is predominantly triggered by the insufficiency of valid and convincing evidence, with judicial doubt commonly arising from contradictions in witness testimonies or discrepancies between available evidence and the indictment. The study concludes that the In Dubio Pro Reo Principle plays a vital role in protecting defendants from judicial error. However, its application requires careful and balanced consideration to ensure that justice is not only served for the defendant but also upheld for the victims. Therefore, this principle must be applied proportionally to achieve comprehensive and impartial justice within the Indonesian criminal justice system.