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All Journal JHSS (Journal of Humanities and Social Studies)
Mhd Teguh Syuhada Lubis
Universitas Muhammadiyah Sumatera Utara, Medan, Indonesia
Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Mechanism For Examining Appellate Remedies In The Indonesian Criminal Justice System And The Criminal Procedure Code Of Thailand Anique Suvara Dieny; Mhd Teguh Syuhada Lubis
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol. 10 No. 01 (2026): JHSS (Journal of Humanities and Social Studies) (SI)
Publisher : UNIVERSITAS PAKUAN

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Abstract

Appeal remedies constitute an important component of the criminal justice system aimed at ensuring justice, legal certainty, and the protection of the rights of the accused. This article seeks to analyze and compare the operation of appeal mechanisms within the criminal justice systems of Indonesia and Thailand. The research adopts a normative legal approach by examining the Indonesian Indonesian Criminal Procedure Code (KUHAP) and the Criminal Procedure Code of Thailand (CPC), particularly Sections 193 to Section 202. The findings indicate that in Indonesia, the High Court is vested with broader authority to re-examine both the application of law and the facts of a case as a means of correcting decisions rendered by courts of first instance. In contrast, Thailand applies a more selective appeal mechanism, especially in minor criminal cases, while still providing exceptions for matters of significant legal importance. This comparison demonstrates that, despite differing approaches, both countries regard appeals as a crucial instrument for achieving justice and safeguarding the rights of the accused.
Protection Of The Rights Of Suspects From The Perspective Of The Principle Of Presumption Of Innocence: A Comparative Study Of The Kuhap And The Criminal Procedure Code Of Thailand Alfi Aqila Naswa Lubis; Mhd Teguh Syuhada Lubis
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol. 10 No. 01 (2026): JHSS (Journal of Humanities and Social Studies) (SI)
Publisher : UNIVERSITAS PAKUAN

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Abstract

This study examines the protection of suspects’ rights from the perspective of the presumption of innocence through a comparative analysis between the Indonesian Criminal Procedure Code (KUHAP) and the Thai Criminal Procedure Code (CPC). This research employs normative legal research methods by analyzing primary and secondary legal materials. The findings indicate that although both legal systems recognize the presumption of innocence as a fundamental principle, differences exist in the mechanisms for protecting suspects’ rights and prosecutorial authority. Indonesia emphasizes procedural safeguards through strict state control, while Thailand provides greater opportunities for victim participation in prosecution. Furthermore, the enactment of Law Number 1 of 2023 concerning the Criminal Code strengthens the presumption of innocence as a fundamental principle in Indonesian substantive criminal law. This study concludes that comparative analysis offers important insights for strengthening human rights protection within criminal justice systems.
Legal Protection For Child Victims Of Economic Exploitation: A Comparative Study Of Law In Indonesia And Thailand Ermayana Riang Utami; Mhd Teguh Syuhada Lubis
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol. 10 No. 01 (2026): JHSS (Journal of Humanities and Social Studies) (SI)
Publisher : UNIVERSITAS PAKUAN

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Abstract

Economic exploitation of children remains a serious problem occurring in many countries, including Indonesia and Thailand. Such exploitative practices not only violate children's human rights but also have negative impacts on their physical, mental and social development. This study aims to analyze the legal regulations and the effectiveness of legal protection for child victims of economic exploitation in Indonesia and Thailand, as well as to identify obstacles in their implementation. The research method employed is normative legal research using statutory, conceptual, and comparative approaches. Data were obtained through library research on national legislation, international legal instruments, and relevant legal literature. The findings indicate that Indonesia and Thailand have established legal frameworks governing the protection of children from economic exploitation, both through national legislation and the ratification of international instruments such as the Convention on the Rights of the Child (CRC) and ILO Conventions. However, the effectiveness of legal protection implementation in both countries still faces various challenges, including weak law enforcement, lack of inter-agency coordination, social stigma against victims, and socio-economic factors that contribute to child exploitation. Therefore, strengthening legal substance, enhancing the capacity of law enforcement officials, consistently applying a restorative justice approach, and increasing active community participation are necessary to achieve more effective and sustainable legal protection for child victims of economic exploitation.
Co-Authors Alfi Aqila Naswa Lubis Anique Suvara Dieny Ermayana Riang Utami