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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL ILMIAH ADVOKASI Buana Ilmu JHR (Jurnal Hukum Replik) Jurnal Hukum Lex Generalis Justisi : Jurnal Ilmu Hukum Jurnal Ilmu Hukum Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner
Deny Guntara
Universitas Buana Perjuangan Karawang
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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IMPLEMENTASI DAN TANTANGAN PEMENUHAN HAK KHUSUS NARAPIDANA LANJUT USIA BERDASARKAN UU NO. 22 TAHUN 2022 TENTANG PEMASYARAKATAN Adi Firman Sahala Maringan Siregar; Deny Guntara; Muhamad Abas; Tatang Targana
Jurnal Ilmiah Advokasi Vol 14, No 2 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i2.8419

Abstract

In the midst of limited resources and infrastructure, the existence of regulations such as the Minister of Law and Human Rights Regulation No. 32 of 2018, which mandates special treatment for elderly inmates, raises a critical question: can this policy truly be implemented effectively within an already overloaded correctional system? This study employs a normative legal research method with a multidimensional approach to comprehensively examine the issue of elderly inmate treatment in Indonesia’s correctional system. An analysis of the implementation gap reveals three interrelated layers of problems. The first layer concerns regulatory weaknesses, as Regulation No. 32 of 2018 despite its progressive substance lacks an adequate enforcement mechanism, sufficient budget allocation, and clear, measurable standard operating procedures. Ideally, geriatric health services should include systematic care, routine monitoring, health education, palliative treatment, and the involvement of medical professionals who understand the needs of the elderly. The issuance of this regulation demonstrates the government’s commitment to fulfilling its duties, with the expectation that all stakeholders will provide support as motivation to improve and develop strategies for delivering human rights based services to elderly inmates and detainees. However, the implementation of this special treatment remains suboptimal due to several obstacles, including the low level of interest among elderly inmates in participating in available correctional programs..Keywords: Inmates, Special Rights, Elderly
From Legal Certainty to Procedural Justice: Reconstructing The Philosophy of Indonesian Procedural Law Deny Guntara; Muhamad Abas
Jurnal Hukum Replik Vol 14 No 02 (2026): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/5j9y1n24

Abstract

Procedural law plays a crucial role in ensuring that law enforcement is not only conducted in an orderly and legally certain manner but also operates fairly for all parties involved. Indonesian procedural law has long demonstrated a strong orientation toward legal certainty, reflected in its emphasis on jurisdiction, procedural requirements, limitation periods, evidentiary rules, legal remedies, and the finality of judicial decisions. Such certainty remains indispensable; however, compliance with procedural rules does not necessarily correspond to fairness in the legal process. This study aims to analyze the dominance of the legal certainty paradigm in the construction of Indonesian procedural law and to reconstruct its underlying philosophy toward a stronger orientation to procedural justice. The study employs a normative-doctrinal legal research method using statutory, philosophical, conceptual, case, and comparative approaches. The analysis examines developments in Indonesian criminal and civil procedural law, relevant judicial decisions, Gustav Radbruch’s conception of legal certainty, justice, and utility, Tom R. Tyler’s theory of procedural justice, and the concept of justice as fairness. The findings demonstrate that legal certainty remains an essential foundation for limiting the exercise of power and preserving procedural order, but it is insufficient unless accompanied by a meaningful opportunity to be heard, neutrality of decision-makers, a balanced position between the parties, and access to effective remedies. The novelty of this study lies in the construction of a procedural justice-oriented model of procedural law, built upon four elements: procedural clarity, meaningful participation, procedural impartiality, and effective remedy. This reconstruction positions legal certainty not as the ultimate objective of procedural law, but as a foundation for a judicial process that is more just, participatory, impartial, and effective.  Keywords legal certainty; procedural justice; procedural law; procedural fairness; legal philosophy; effective remedy
Inequality Between Parties In The Industrial Relations Court: Reconstructing Equality of Arms Between Workers and Employers Muhamad Abas; Deny Guntara
Jurnal Hukum Replik Vol 14 No 02 (2026): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/zb85qj65

Abstract

Inequality between workers and employers in the settlement of industrial relations disputes stems not only from disparities in economic power but may also arise from procedural rules that formally treat both parties equally while overlooking their differing practical capacities to access judicial forums, manage procedural time constraints, navigate procedural stages, and produce evidence. This study aims to examine the forms of procedural inequality between workers and employers before the Industrial Relations Court and to reconstruct the principle of equality of arms as a normative basis for reforming the procedural law governing industrial relations dispute resolution in Indonesia. This study employs a normative-doctrinal legal research method using statutory, case, conceptual, and comparative approaches. The analysis focuses on Law No. 2 of 2004 and several Constitutional Court decisions issued in 2025–2026 concerning relative jurisdiction, time limits for filing claims, and mediation procedures. The findings demonstrate that formal equality does not necessarily result in genuine procedural equality. Procedural inequality manifests in four principal dimensions: access to judicial forums, procedural time arrangements, procedural stages, and evidentiary processes. Accordingly, the principle of equality of arms should not be confined to evidentiary matters but should serve as a comprehensive framework for designing the procedural law of the Industrial Relations Court. The novelty of this study lies in the concept of substantive equality of arms, comprising access equality, temporal equality, procedural equality, and evidentiary equality. This framework is intended to ensure that workers and employers are afforded a reasonable and effective opportunity to assert and defend their rights without placing either party at a substantial procedural disadvantage. Reform of Industrial Relations Court procedure should therefore move beyond formal equality toward substantive procedural equality while preserving legal certainty, judicial impartiality, and a fair balance between the interests of the parties. Keywords Industrial Relations Court; equality of arms; procedural justice; workers; employers; access to justice
Co-Authors Adi Firman Sahala Maringan Siregar Adyan Lubis Ahlan Sihabillah Arisa Wongchai Asep Rahmat Hidayatulloh Astri Safitri Nurdin Devi Arviani Arinta Dwiana Prilly Larasati Farhan Asyhadi Mohamad ArdinSuwandi Muhamad Abas Muhammad Hafidh Al Amien Raka Indra Pratama Tatang Targana Wike Nopianti Yuniar Rahmatiar