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TRANSFORMASI PENEGAKAN DUE PROCESS OF LAW DALAM TAHAPAN PENYIDIKAN DI INDONESIA: ANTARA PERLINDUNGAN HAK TERSANGKA DAN EFEKTIVITAS PENEGAKAN HUKUM Kurdi; Ardhan, Adery; Dadek, Teuku Ahmad
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.12833

Abstract

This study examines the legal problem of the transformation of due process of law at the investigation stage in Indonesia, where the protection of suspects’ rights continues to conflict with the effectiveness of law enforcement. Normatively, the Criminal Procedure Code (KUHAP) adopts the Due Process Model, yet in practice the Crime Control Model remains dominant, creating a gap between das sollen and das sein. This research employs a normative legal research method through statutory, doctrinal, and case analysis to assess suspects’ rights and oversight mechanisms during investigations. The findings reveal that the right to legal assistance under Articles 54 and 56 of the KUHAP is still weakly implemented, contributing to the persistence of torture to obtain confessions. Internal and external oversight mechanisms have also proven suboptimal. A significant shift emerges from Constitutional Court Decision No. 21/PUU-XII/2014, which expands pretrial review to include suspect determination, searches, and seizures. Normatively, the study concludes that strengthening due process of law requires legislative reform by institutionalizing the Commissioner Judge as a proactive judicial supervisor.
Legal Analysis of Ownership Rights to Intangible Movable Property (Digital Assets) From the Perspective of Property Law In Indonesia Kurdi; Muhammad Rizqi Alfarizi Ramadhan; Teuku Ahmad Dadek
Al-Risalah VOLUME 26 NO 1, MAY (2026) (IN PRESS
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62995

Abstract

The The rapid development of digital assets has posed fundamental challenges to Indonesia's property law system, which is still based on the colonial-era Civil Code (KUHPerdata). This legal system is inadequate to accommodate digital assets, resulting in legal vacuums and regulatory paradoxes. This study aims to analyze the status and regulation of digital asset ownership in Indonesia's property law system and the effectiveness of civil law protection for asset owners in ownership disputes. This research uses a normative approach by analyzing relevant legislation and legal doctrines. The results of the study show that there are legal loopholes and regulatory paradoxes in the regulation of digital asset ownership. The classification of digital assets as “intangible movable property” causes fatal incompatibilities in the process of transferring rights. Legal protection for digital asset owners is also illusory due to procedural paralysis. This study recommends a two-pronged reform, namely redefining the concept of “wealth” in the Draft Civil Code to include digital assets and drafting a lex specialis that regulates the procedural law of evidence and execution of digital assets. Thus, it is hoped that effective legal certainty can be created for digital asset owners in Indonesia.
KONTINUITAS DAN DISKONTINUITAS AL-QUR'AN TERHADAP TRADISI ARAB PRA-ISLAM Kurdi
JURNAL PENELITIAN Vol 12 No 1 (2015): Volume 12 Nomor 1 2015
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/7trp8g80

Abstract

This article discusses on continuity and discontinuity of the Qur'an to Arabs traditions before revelation provided from either doctrine of prior religions or native agreements of society. The Qur'an has given response on many aspects of rituals, economy, family, law and punishments. Many of such traditions become as Islamic doctrine and others are rejected. The steps of the continuity are total acceptance, distinctive way, conditional limitation and corrective response, while the styles of the discontinuity are total, gradual and continuous liberations.