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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Cita Hukum Jurnal Akta Kosmik Hukum
Septa Candra
Fakultas Hukum Universitas Muhammadiyah Jakarta Jl. KH Ahmad Dahlan Cirendeu Ciputat Tangerang Selatan 15419
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Anti-Corruption Village: A Solution to Preventing Crime of Corruption and Good Governance in Village Candra, Septa; Fernando, Zico Junius
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 1 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no1.3110

Abstract

Anti-corruption village is a concrete manifestation of community participation in preventing criminal acts of corruption. Therefore, this research aimed to eradicate corruption in Indonesia from village level serving as an important indicator and responsible for large amounts of funds. By establishing anti-corruption village, funds were more accountable for optimal development. Meanwhile, doctrinal legal research using primary, secondary, and tertiary legal materials was adopted with statute, conceptual, comparative, and futuristic methods. A descriptive-prescriptive nature was used with the examination of the data or materials through content analysis. The results showed that anti-corruption village program initiated by Corruption Eradication Commission (KPK) disseminated the importance of building integrity and anti-corruption values among government and village community. Additionally, this program functioned as a pilot project to prevent corruption and oversee the development of village community.
The Principle of Presumption of Innocence: Ensuring Suspect Rights During the Investigation Process Suhendar, Suhendar; Candra, Septa
JURNAL AKTA Vol 12, No 2 (2025): June 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i2.44719

Abstract

This study aims to determine the implementation of the suspect's rights as a manifestation of the presumption of innocence at the investigation level. To identify the obstacles to implementing the suspect's rights during the examination process at the investigative level. The type of research used is a normative research type, based on the results of the research conducted, in the implementation of the suspect's rights in the examination process regardless of whether it is proven or not, the suspect is still protected by various rights protections including the right to be examined immediately, the right to provide information freely or in a very simple sense during the examination there is no pressure or physical violence during the examination, but there is still one right that is not by the suspect's rights regulated in the Criminal Procedure Code, namely the suspect does not receive legal assistance. In the implementation of the suspect's rights, there are several obstacles, including the unprofessionalism of investigators in conducting investigations, the behavior and actions of law enforcement officers due to the suspect's ignorance or lack of understanding of the rights that should be obtained as a suspect, and suspects who do not understand the importance of legal assistance, dishonesty and transparency of suspects in the integration process (examination), and uncooperative suspects usually act passively and are silent.
The Comparison of the Criminal Code and Draft Criminal Code Formulations of Crimes against Religion and Religious Life Candra, Septa; Huda, Chairul
Jurnal Cita Hukum Vol. 10 No. 3 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i3.30011

Abstract

The formulation of criminal acts against religion and religious life in Indonesian laws and regulations still leaves various problems. This article discusses the form of formulation of criminal offenses against religion and religious life in the upcoming Criminal Code and RKUHP. The form of this research is normative juridical with legal, conceptual and case approaches. The results of this study indicate that the RKUHP has made changes that lead to "concretization" and "objectification" of crimes against religion and religious life, so that the principles of lex certa and lex stricta are truly considered. The RKUHP has also been more advanced in formulating crimes against religion and religious life based on the notion of respect for the right to religion as a human right protected by the Constitution. Hopefully the enactment of the RKUHP can be a solution in law enforcement against various crimes against religion and religious life in Indonesia in the future.
Bali’s Customary Criminal Justice System and the Draft Criminal Procedure Code in the Context of National Legal Harmonization in Indonesia Candra, Septa; Prakarsa, Aliyth; Nur, Rafi Dwi Fathurahman
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.30670

Abstract

Customary criminal justice in Bali is a form of dispute resolution based on local values that has long existed in society, but its existence faces serious challenges in the process of harmonization with the national legal system, particularly in the context of the Draft Criminal Procedure Code (RKUHAP). This study aims to examine the position and role of Balinese customary justice within the framework of the RKUHAP and to assess the extent to which customary justice can be integrated without eliminating local legal identity. The method used is a juridical-normative with a conceptual and legislative approach, and is complemented by a juridical-comparative analysis of the provisions in the Balinese Customary Court, the National Criminal Code and the RKUHAP. The results of the study indicate that although there is recognition of customary law in legislation, the position of customary justice is still subordinate and has not received strong institutional guarantees in the RKUHAP. Legal harmonization requires more affirmative regulations for customary justice so that its existence is not merely symbolic. Therefore, a legal formulation is needed that can accommodate customary justice as an integral part of the national criminal justice system, based on the principles of restorative justice and legal diversity. This study recommends that the Criminal Procedure Code (RKUHAP) explicitly regulate the mechanisms and limits of customary justice authority, as well as provide equal formal recognition for its role in resolving community-based criminal cases.
Co-Authors Chairul Huda, Chairul Fernando, Zico Junius Nur, Rafi Dwi Fathurahman Prakarsa, Aliyth Suhendar Suhendar, Suhendar