Syahrul Borman
Universitas Dr.Soetomo, Surabaya, Indonesia

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Juridical Review of Prisoners' Conditional Rights After Law No. 22 of 2022 on Corrections: Eliminating Discrimination for Special-Crime Inmates Mahendra Setiadji; Syahrul Borman; M.Yustino Aribawa
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 5 No 2 (2026): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v5i2.6819

Abstract

Purpose: This study aims to analyze the implementation of prisoners’ conditional rights following the enactment of Law Number 22 of 2022 concerning Corrections, particularly regarding the elimination of discriminatory treatment in granting remission, assimilation, and parole for prisoners convicted of special crimes.Research Methodology: This research employs a normative juridical method using statutory, conceptual, and analytical approaches. Data were collected through a literature review of primary, secondary, and tertiary legal materials and analyzed qualitatively.Result: The findings indicate that Law Number 22 of 2022 strengthens the principle of non-discrimination by providing equal opportunities for all prisoners to obtain conditional rights based on objective criteria, including behavior, participation in correctional programs, and risk assessment results. The policy reflects a shift from a punitive approach toward rehabilitation and social reintegration. Nevertheless, implementation challenges remain, including differing public perceptions, institutional limitations, and the need for regulatory harmonization. Conclusions: The law represents a significant reform in Indonesia’s correctional system by promoting equality before the law, human rights protection, and rehabilitation-oriented corrections. The elimination of discriminatory requirements supports fairer treatment of prisoners and contributes to the effectiveness of correctional administration.Limitations: This study is limited to a normative legal analysis and does not comprehensively examine empirical implementation across correctional institutions.Contributions: The study contributes to the development of correctional law scholarship and provides policy recommendations for strengthening a fair, humane, and rightsbased correctional system.
The Role of Legal Counsel in Customs and Excise Disputes before the Tax Court Rudi Kurniawan; Syahrul Borman; Fathul Hamdani; Noenik Soekorini
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 5 No 2 (2026): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v5i2.6870

Abstract

Purpose: This study aims to analyze the role of legal counsel in resolving customs and excise disputes before the Tax Court, with particular reference to Decision Number 1430/B/PK/Pjk/2026. The research focuses on how legal counsel contributes to legal argumentation, evidentiary effectiveness, and the realization of legal certainty and legal protection in customs dispute resolution. Research Methodology: This study employs a qualitative approach with a normative juridical method. The research applies statutory, conceptual, and case approaches by analyzing primary legal materials, including customs law, excise law, Tax Court law, and Constitutional Court decisions, supported by secondary legal materials from national and international scholarly journals (2019–2026). Data analysis is conducted through descriptivequalitative interpretation. Conclusions: The study concludes that the effectiveness of customs and excise dispute resolution before the Tax Court is highly dependent on the competence of legal counsel in constructing legal arguments and managing evidence. Legal counsel is essential in ensuring justice, legal certainty, and protection of parties' rights within the tax litigation system. Limitations: This study is limited to normative juridical analysis based on document review and does not include empirical data such as interviews with judges, customs officials, or legal practitioners. The scope of literature also relies primarily on national sources, with limited comparative international analysis. Contributions: This research contributes to customs and tax litigation studies by highlighting legal counsel as a strategic actor in dispute resolution, offering theoretical and practical insights to strengthen judicial quality and legal certainty in customs and excise cases.