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All Journal Jurnal Pariwisata Nusantara Jurnal Dinamika Hukum
Agi Attaubah Hidayat
Universitas Islam Negeri Sunan Gunung Djati Bandung
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Right to Remain Silent vs. Defendant Statements: Examining Indonesia's New Criminal Procedure Code Dede Kania; Tia Ludiana; Agi Attaubah Hidayat
Jurnal Dinamika Hukum Vol 26 No 2 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.2.17777

Abstract

Article 142 of the New Criminal Procedure Code introduces the right to remain silent, yet it conflicts with Article 235, which continues to recognize defendant statements as valid evidence. This normative discrepancy creates legal uncertainty regarding the protection of suspects' and defendants' rights during the evidentiary process in Indonesia's judicial system. The aim of this research is to examine the existence of Defendant Statements in Indonesia's New Criminal Procedure Code in light of the Right to Remain Silent principle. The research adopts a normative legal method supported by a comparative approach in the United States of America and the Netherlands. It analyzes statutory provisions and compares them with legal systems that firmly uphold the privilege against self-incrimination. The findings demonstrate a clear contradiction between Article 142, which guarantees the Right to Remain Silent, and Article 235, which still recognizes Defendant Statements as valid evidence. This inconsistency creates legal uncertainty and undermines the effective protection of suspects’ and defendants’ rights during the evidentiary process from a critical perspective, suggesting that New Criminal Procedure Code has not fully embraced the principle of due process. It also creates the potential for abuse of power, particularly in practices that pressure defendants into providing statements. This study, therefore, proposes harmonising Articles 142 and 235 to ensure coherence between human rights principles and evidentiary mechanisms. The study contributes to this by offering a doctrinal and comparative framework to reinforce the implementation of the non-self-incrimination principle within Indonesia's criminal justice system.
Halal Trip Scheme: Implementation of Shariah Compliance in Indonesia Riska Sayidah; Zahra Fitria; Sintia Nurul Fuadah; Rizal Faozi; Jaenudin Jaenudin; Agi Attaubah Hidayat
Jurnal Pariwisata Nusantara (JUWITA) Vol. 4 No. 1 (2025): Jurnal Pariwisata Nusantara (JUWITA)
Publisher : PROGRAM STUDI PARIWISATA SYARAH, FAKULTAS EKONOMI DAN BISNIS ISLAM, UNIVERSITAS ISLAM NEGERI MATARAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/juwita.v4i1.11769

Abstract

Purpose: This study aims to analyze the implementation of the halal travel scheme in Indonesia and evaluate its compliance with sharia economic law, particularly focusing on standards set by DSN-MUI Fatwa No. 108/2016. Method: Using normative legal methods through a study of relevant legal regulations and literature, especially DSN-MUI Fatwa No. 108/2016. The study focuses on key sharia principles and assesses their application within the halal trip scheme, especially through innovations like the "Halal Tripnesian" platform. Result: The findings demonstrate that Indonesia's halal trip scheme largely aligns with sharia compliance standards, effectively incorporating critical elements such as halal-certified food, prayer facilities, and sharia-compliant accommodations. Despite facing challenges, including diverse interpretations of sharia law, a lack of unified global halal certification, and varying levels of halal literacy among stakeholders, the overall implementation has shown strong adherence to sharia principles. Technological innovations, particularly through digital platforms, have enhanced the accessibility and convenience of halal travel, supporting the growth of the sector and positioning Indonesia as a leading destination for Muslim-friendly tourism. Contribution: This study provides insights into the strengths and weaknesses of Indonesia’s halal travel scheme, highlighting the importance of regulatory support, digital innovation, and stakeholder education in ensuring sharia compliance. The research suggests that continued efforts in harmonizing halal standards and improving halal literacy are essential for sustaining growth and competitiveness in the global halal tourism market.
Co-Authors Dede Kania Jaenudin Jaenudin Riska Sayidah Rizal Faozi Sintia Nurul Fuadah Tia Ludiana Zahra Fitria