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p-Index From 2021 - 2026
0.444
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This Author published in this journals
All Journal Lampung Journal of International Law (LaJIL) Lex Scientia Law Review
Athari Farhani
Institute of Law, RUDN University
Law, Crime, Criminology & Criminal Justice

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Human Rights Protection Related to Arrest, Detention, and Judicial Remedies: A Comparative Legal Study of Indonesia, Saudi Arabia, and Egypt Sahat Maruli Tua Situmeang; Athari Farhani; Subagyo Sri Utomo
Lex Scientia Law Review Vol. 10 No. 1 (2026): Legal Reform, Human Rights Protection, and Judicial Innovation in Contemporary
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v10i1.30553

Abstract

Arrest, detention, and pretrial legal remedies constitute crucial stages in criminal procedure because they determine the extent to which state coercive power is constrained by due process and human rights guarantees. This study aims to examine and compare the legal regulation and practical implementation of arrest, detention, and pretrial review mechanisms in Indonesia, Saudi Arabia, and Egypt, with particular attention to their compliance with human rights standards. Methodologically, this research employs normative legal research using a doctrinal and institutional comparative approach, analyzing statutory provisions, procedural regulations, constitutional safeguards, and relevant reports and legal materials. The findings show that Indonesia provides relatively stronger procedural safeguards through the Criminal Procedure Code (KUHAP) and the praperadilan mechanism, which functions as judicial control over unlawful arrest and detention. Egypt formally recognizes legal oversight through the public prosecution and judicial review, yet persistent implementation gaps raise concerns regarding prolonged pretrial detention and limited procedural transparency. In contrast, Saudi Arabia demonstrates weaker independent judicial supervision at the pretrial stage, increasing the risk of arbitrary detention and executive overreach. This comparative analysis concludes that strengthening effective judicial review, access to legal counsel, and procedural accountability is essential to prevent abuses of power. The study recommends reinforcing institutional checks on detention practices to ensure greater alignment with international human rights principles and due process requirements.
State Recognition of Indigenous Peoples’ Territorial Rights under International Human Rights Law: A Comparative Study of Indonesia and Russia Kharisma Gemilang; Sulistiyandari Sulistiyandari; Kartono Kartono; Sri Wahyu Handayani; Athari Farhani
Lampung Journal of International Law Vol. 7 No. 2 (2025)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v7i2.4904

Abstract

This study analyzes the recognition and protection of indigenous peoples’ territorial rights in Indonesia and Russia within the framework of international human rights law and identifies factors affecting their effectiveness. Using a normative legal method with conceptual and comparative approaches, the study finds that Indonesia has a relatively progressive framework through constitutional recognition of indigenous communities, yet implementation remains weak due to fragmented sectoral regulations and reliance on regional administrative recognition. Russia, by contrast, adopts a centralized model that recognizes only small-numbered indigenous peoples and limits collective ownership and meaningful participation. Both countries face tensions between state sovereignty over natural resources and international obligations to protect indigenous collective rights. The study recommends adopting a multi-level governance model that balances national interests and indigenous autonomy, alongside legal reforms to strengthen implementation of the Free, Prior, and Informed Consent (FPIC) principle, enabling more effective integration of international human rights norms into domestic legal systems..
Co-Authors Kartono Kartono Kharisma Gemilang Sahat Maruli Tua Situmeang Sri Wahyu Handayani Subagyo Sri Utomo Sulistiyandari Sulistiyandari