MEKANISME PEMERIKSAAN UPAYA HUKUM BANDING DALAM SISTEM PERADILAN PIDANA INDONESIA DAN CRIMINAL PROSEDURE CODE OF THAILAND

Abstract

Appeal remedies constitute an important component of the criminal justice system aimed at ensuring justice, legal certainty, and the protection of the rights of the accused. This article seeks to analyze and compare the operation of appeal mechanisms within the criminal justice systems of Indonesia and Thailand. The research adopts a normative legal approach by examining the Indonesian Indonesian Criminal Procedure Code (KUHAP) and the Criminal Procedure Code of Thailand (CPC), particularly Sections 193 to Section 202. The findings indicate that in Indonesia, the High Court is vested with broader authority to re-examine both the application of law and the facts of a case as a means of correcting decisions rendered by courts of first instance. In contrast, Thailand applies a more selective appeal mechanism, especially in minor criminal cases, while still providing exceptions for matters of significant legal importance. This comparison demonstrates that, despite differing approaches, both countries regard appeals as a crucial instrument for achieving justice and safeguarding the rights of the accused.