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Constructing the Concept of Commissioner Judge in Enforcing the Exclusionary Rules Principle in Indonesia Febryan Alam Susatyo; Muksin, Muchlas Rastra Samara
JUSTISI Vol. 10 No. 3 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i3.2607

Abstract

Pretrial aims to protect human rights from misuse of authority by law enforcement officials. The concept of commissioner judges, which aims to be a substitute for the current pretrial procedure. It is expected to achieve the objectives of criminal procedural law that respects human rights by upholding the exclusionary rules principle. This study aims to understand the role of the commissioner judge in upholding the principle of exclusionary rules to achieve a criminal legal process that respects human rights. Further, a normative approach used statutory, conceptual, and comparative legal approaches. The author tries to discover the concept of a commissioner judge upholding the exclusionary rules principle to assess the validity of evidence obtained by law enforcement officials. It is hoped that the objectives of criminal procedure law that protect and guarantee the interests of human rights can be achieved by the concept of commissioner judge.
BALANCING VIRALITY AND PROCEDURAL JUSTICE: LAW ENFORCEMENT CHALLENGES IN THE INDONESIAN DIGITAL ERA Muksin, Muchlas Rastra Samara; Suprihanto, Agus; Musashi, Ota
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.241-268

Abstract

The digital era has significantly transformed the dynamics of law enforcement in Indonesia, particularly through the widespread use of social media. The phenomenon of “No Viral, No Justice” illustrates a growing trend where public pressure via social media accelerates legal processes, whereas cases lacking online attention often face delays or neglect. This study examines how social media virality influences criminal case handling, highlighting both normative and empirical dimensions of justice. Drawing on doctrinal legal research, statutory analysis, and case studies, the research identifies the paradox inherent in digital oversight: while virality can enhance transparency and accountability, it may also compromise the principles of due process, presumption of innocence, and equality before the law. The study reveals that the spread of information on digital platforms can shape public opinion, sometimes creating trial by media, misinformation, and populist pressure, which can distort substantive justice. Furthermore, virality often favors emotionally charged or dramatic cases, producing a hierarchy of attention that undermines equitable access to justice. To address these challenges, the study recommends integrated digital reporting systems, objective case prioritization based on urgency and impact, ethical guidelines for communication, and strengthening the professionalism of law enforcement. By balancing public participation with procedural integrity, the legal system can leverage social media as a tool for oversight without sacrificing fairness or judicial independence. This research contributes to legal scholarship by providing an operational analysis of the interaction between digital social control and criminal justice, emphasizing the need for adaptive policies that preserve fundamental legal principles while accommodating the realities of the digital public sphere. Ultimately, the findings underscore that justice should remain a guaranteed right for every citizen, independent of the popularity of cases in the digital space, ensuring fairness, transparency, and accountability in law enforcement.