Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
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All Journal Journal of Law and Social Politics
Jhon Sahap Edward Panggabean
Universitas Kristen Indonesia
Humanities Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Advocate Assistance for Witnesses and Suspects in Criminal Investigation: A Due Process Perspective Jhon Sahap Edward Panggabean; Mompang Lycurgus Panggabean; Aartje Tehupeiory
Journal of Law and Social Politics Vol. 4 No. 3 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i3.138

Abstract

Background: Examination practices in criminal investigations continue to raise human rights concerns, including intimidation, restricted access to legal counsel, and changes in witness status to suspect without adequate legal protection. Objective: This study analyzes the role of attorney assistance for witnesses and suspects during criminal investigations within the framework of due process principles and examines legal protection issues for witnesses who may potentially be designated as suspects. Methods: This normative legal research employs statutory, conceptual, and case-based approaches by analyzing the Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana [KUHAP]), the New Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana [New KUHAP]), Constitutional Court decisions, and due process principles. Results: The findings reveal that the New KUHAP strengthens the rights of witnesses and suspects to receive attorney assistance; however, several obstacles remain, including law enforcement officers’ repressive paradigms, witnesses’ limited awareness of their legal rights, and inadequate protection of the right against self-incrimination. Conclusion: Strengthening regulatory frameworks, transforming law enforcement paradigms, and optimizing the role of attorneys during criminal examinations are essential to realizing a fair and humane criminal justice system grounded in due process principles.
The Position and Implementation of Restorative Justice Following the Enactment of the 2025 Criminal Procedure Code Jhon Sahap Edward Panggabean; Mompang Lycurgus Panggabean; Aartje Tehupeiory
Journal of Law and Social Politics Vol. 4 No. 4 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i4.139

Abstract

Background: Restorative justice has moved from sectoral institutional policies toward statutory recognition in Indonesia’s 2025 Criminal Procedure Code (KUHAP). Objective: This study analyzes the normative legal position of restorative justice following its statutory recognition and maps its relationship with sectoral regulations governing the police, prosecution, and judiciary. Methods: This normative legal research employs statutory and conceptual approaches, examining primary legal materials, secondary legal scholarship, and relevant tertiary materials through legal interpretation and comparative normative mapping. Results: The KUHAP provides a statutory framework for restorative justice across procedural stages and strengthens its normative legal basis. However, the continuing operation of sectoral instruments requires harmonization concerning institutional authority, eligibility criteria, victim consent, procedural stages, termination mechanisms, and legal consequences. Conclusion: The statutory recognition of restorative justice establishes a stronger normative foundation, but it does not, by itself, demonstrate uniform legal certainty or consistency of outcomes in practice. Effective implementation depends on harmonized technical regulations and consistent institutional interpretation.
Co-Authors Aarce Tehupeiory Mompang Lycurgus Panggabean