The Principle of Impartiality and The Increasing Role of The court In Preliminary Hearings

Abstract

This article aims to demonstrate the principle of impartiality and increasing in a role of the court in preliminary hearings. The objectives of this study is to analyse the principle of impartiality and the role of the court in the preliminary hearing that has been increased after the amendment of the Criminal Procedure Code, Section 165/2. The principle of impartiality is part of the right to equality before the court and tribunals and right to a fair trial as it is a human right protection in processes of justice which is the rule of law. This study examines and analyse the ideas and principle of impartiality, including the guidance of parliament hearings. The results show that the courts involve in the proof of guilt of accused. Hence, the courts have anticipated the sentences for accused prior to adjudication. Therefore, this study suggests that judiciary team who in preliminary hearings should not be the same team that adjudicate accused in order to protect principle of impartiality that is a rule of law of the court of justice.