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Journal : Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

PENEGAKAN HAK DAN KEPASTIAN HUKUM DALAM PROSES PENAHANAN SERTA PENGELUARAN TAHANAN DI INDONESIA Pakpahan, Novritsar Hasitongan; Putra, Arif Rachman; Darmawan, Didit; Khayru, Rafadi Khan; Kusuma, Galih Satria Alit Widi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.700

Abstract

The detention and release of detainees is an essential part of Indonesia's criminal justice system that demands a balance between law enforcement and human rights protection. Although Law No. 8 of 1981 concerning the Criminal Procedure Law (KUHAP) has provided a normative basis for detention procedures, the phenomenon of detention without legal procedures and the release of prisoners that do not comply with administrative standards is still often found in practice. Weak supervision, confusion of legal interpretation, and disharmony between technical regulations at the police, correctional and judicial levels have led to violations of prisoners' rights. This study uses a normative juridical approach to examine the effectiveness of the implementation of detention rules and detainee releases, as well as identify the factors causing deviations from the principles of due process of law. The findings suggest that there is an urgent need to tighten standard procedures, strengthen oversight, improve interagency coordination, and provide legal education to stakeholders. Reforms in the governance of detention and detention release are urgently needed to ensure justice and legal certainty, as well as to create a national criminal justice system that is more effective, transparent, and upholds human rights
URGENSI BALIK NAMA TANAH WARISAN DALAM MEWUJUDKAN KEPASTIAN HUKUM DAN PENCEGAHAN KONFLIK DI INDONESIA Suwito, Suwito; Parji, Parji; Darmawan, Didit; Khayru, Rafadi Khan; Dirgantara, Febrian
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.702

Abstract

Land inheritance transfer is an important process in Indonesian agrarian law aimed at providing legal certainty to heirs as the rightful owners of inherited land. This process involves the registration of the transfer of land rights from the deceased to the heirs in accordance with applicable laws and regulations, such as Law No. 5/1960 on the Basic Principles of Agrarian Law (UUPA), Government Regulation No. 24/1997 on Land Registration, and Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Regulation No. 7/2019. These regulations provide a clear legal basis for the implementation of procedures, including incentives such as the waiver of fees if registration is completed within a specified timeframe. This process provides legal certainty and prevents potential conflicts between heirs or with third parties with an interest in the property. With the transfer of ownership, inherited land that has been officially registered in the name of the heirs can be utilized optimally, both for economic activities and other purposes. However, Implementation in the field still faces challenges, such as low public awareness, limited access to land services in remote areas, and bureaucratic complexity. To overcome these obstacles, strategic measures are needed, such as socializing the procedures for transferring land ownership, strengthening the role of Land Deed Officials (PPAT), digitizing land services, and simplifying administrative procedures. Additionally, the government must expand access to land services through policies like the Comprehensive Systematic Land Registration (PTSL). Collaboration between the government, PPAT, and the community is crucial to ensure the success of this process. With a comprehensive approach, land title transfer for inherited property can maximize legal and social benefits and support better land management.
IMPLEMENTASI KEADILAN RESTORATIF DAN MEKANISME DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK BERDASARKAN UU NOMOR 11 TAHUN 2012 Udjari, Hendrianto; Saputra, Rio; Darmawan, Didit; Putra, Arif Rachman; Khayru, Rafadi Khan
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.703

Abstract

This study analyzes and evaluates the implementation of the juvenile criminal justice system in Indonesia based on Law No. 11/2012 on the Juvenile Criminal Justice System (UU SPPA), with an emphasis on protecting the rights of children in conflict with the law. Protection of children is a crucial issue, given that children are a vulnerable group prone to exploitation, violence, discrimination, and psychological risks in the conventional criminal justice system, which still has a retributive tone. Legal reform through the UU SPPA has changed the approach to resolving children's cases from repressive to more humane and restorative, including through diversion mechanisms and restorative justice that prioritize the recovery, rehabilitation, and guidance of children rather than punishment alone. This study uses a normative legal method with a literature review of regulations, national and international legal documents, and previous research results. The study results show that the principle of the best protection for children integrated in the SPPA Law has provided a new direction in the juvenile criminal justice system in Indonesia, although its implementation still faces various challenges. These challenges include inconsistencies in understanding and implementation by law enforcement officials, limited resources, insufficient institutional support, and public perceptions that are sometimes still retributive. Future efforts to strengthen the system should focus on ensuring consistent fulfillment of the best interests of the child.