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All Journal Jurnal Sosial dan Teknologi International Journal of Social Service and Research
Effendy Lod Simanjutak
Universitas Borobudur, Indonesia
Humanities Civil Engineering, Building, Construction & Architecture Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Material Review of Law Number 20 of 2025 Concerning the KUHAP by an Advocate in the Constitutional Court: A Constitutional Perspective Fitri Karisma; Effendy Lod Simanjutak
International Journal of Social Service and Research Vol. 6 No. 6 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i6.1417

Abstract

The enactment of Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP) represents a major reform of Indonesia’s criminal procedural law, aiming to enhance effectiveness, efficiency, and transparency in the justice system while upholding constitutional principles and human rights. Despite these objectives, several provisions, particularly Articles 1(22) and 151(2)(b), have raised concerns among legal practitioners regarding potential constitutional conflicts and ambiguities in law enforcement practices. This study aims to analyze the material review filed by advocates at the Constitutional Court, examining the constitutional aspects, legal implications, and protection of human rights within the criminal justice system. The research employed a normative legal method with a statutory and conceptual approach, using primary legal materials, relevant Constitutional Court decisions, and secondary literature. The findings indicate that the contested provisions contain vague norms that may lead to multiple interpretations, potentially enabling abuse of authority by law enforcement and reducing guarantees for a fair trial, legal aid, and due process. The study concludes that judicial review plays a critical role in clarifying legal norms, ensuring alignment with constitutional principles, enhancing legal certainty, and strengthening human rights protection. This process also underscores the strategic role of advocates in maintaining the quality of Indonesia’s criminal procedural law.
Reconstruction of the Norms on the Authority to Stop and Inspect Vessels by Polairud for Alleged Fisheries Crimes in Indonesia's Exclusive Economic Zone Moch Abdan Salam; Effendy Lod Simanjutak
Jurnal Sosial Teknologi Vol. 6 No. 7 (2026): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v6i7.32865

Abstract

This study aims to analyze the problematic norms of Polairud's authority in stopping and inspecting vessels for suspected fisheries crimes in the Indonesian Exclusive Economic Zone, identify forms of disharmony in regulations between maritime law enforcement officers, and formulate a norm reconstruction model based on legal certainty and harmonization with international maritime law. The research method used was normative juridical with a statutory and conceptual approach, through a review of the 1982 United Nations Convention on the Law of the Sea, the Law on Police, Fisheries, the Indonesian Exclusive Economic Zone, Maritime Affairs, and the Criminal Procedure Code. The results of the study indicate that Polairud's authority in stopping and inspecting vessels in the EEZ still faces unclear norms, conflicting authorities, and procedural gaps, particularly related to first action authority, the legality of ship inspections as special searches, the time limit for termination, and the mechanism for handing over cases between institutions. Horizontal disharmony between Polairud, PPNS KKP, TNI AL, and Bakamla, as well as vertical disharmony between KUHAP, Fisheries Law, Maritime Affairs Law, and Article 73 UNCLOS 1982, has implications for weak legal certainty, potential abuse of power, and the risk of international disputes. The novelty of this research lies in the proposed reconstruction of norms based on first action authority that places Polairud as the initial action authority, the establishment of special maritime search procedures, and the development of a lex specialis maritime criminal procedure model within the framework of integrated maritime law enforcement.
Co-Authors Fitri Karisma Moch Abdan Salam