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All Journal Musamus Law Review Hermeneutika : Jurnal Ilmu Hukum
Muhadar Muhadar
Faculty of Law, Hasanuddin University
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Right of Suspects to Obtain Legal Aid in Criminal Investigation Imanuel Marthen Dumais; Muhadar Muhadar; Marwati Riza
Musamus Law Review Vol 1 No 1 (2018): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v1i1.736

Abstract

In the law enforcement aspect, the unfair treatment of suspects is an act of public scrutiny that falls into the category of human rights violations. This study aims to analyze the urgency of the fulfillment of suspect rights at the stage of investigation as well as the implementation of the right to obtain legal assistance for the suspect at the investigation stage. The type of research is sociolegal research. This research conducted in Manokwari, West Papua, Indonesia, precisely in Manokwari Police Station. The result of the research indicates that the urgency to fulfill the rights of suspects is in the framework of the protection of the rights of the community which is the basic right if not fulfilled is discrimination and injustice which is expressly prohibited under the 1945 Constitution. Implementation of the right to obtain legal aid for the suspect at the investigation stage at Polres Manokwari has not been implemented optimally. The low interest of the suspects to be accompanied for not understanding the urgency of legal aid and the assumption that the use of legal aid services should be charged to be one of the obstacles in the fulfillment of the rights of suspects. In addition, the existence and interest of advocates on the provision of legal assistance is still very minimal also a constraint in implementing the right to obtain legal assistance for the suspect.
MEANS OF CLASS ACTION LAWSUIT AS AN ALTERNATIVE AND SOLUTION FOR RECOVERING STATE AND COMMUNITY FINANCIAL LOSSES IN CORRUPTION DIRECT CASH ASSISTANCE VILLAGE FUNDS Hairuddin Tomu; Muhadar Muhadar; Musakkir Musakkir
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i3.8341

Abstract

The purpose of this study was to analyze the means of class action lawsuits that can be used as an alternative to recovering state losses and community losses as direct victims of Village Fund Direct Cash Assistance budget corruption. This type of research is normative legal research, namely looking at law from the point of view of norms which of course is prescriptive, using an analytical descriptive approach, namely describing the position of law as it is now. The legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials obtained through library research, so that deeper analysis and understanding can be carried out so that there is a strengthening of the legal basis to produce good legal analysis. The collected legal materials were then analyzed using qualitative analysis techniques. The results of the study show that the use of class action lawsuits can be used as an alternative to recover state losses and community losses due to acts of corruption in the Village Direct Cash Assistance budget. Class action facilities are far more effective and efficient in efforts to eradicate corruption which do not burden the state budget, compared to enforcing criminal law through the criminal justice system (police, prosecutors, courts, and correctional institutions). In addition, the implementation of the execution of the return of compensation through class action facilities is more accommodative and equivalent because the legal interests of the injured stakeholder, in this case, the State and the people of the Direct Cash Assistance (Bantuan Langsung Tunai/BLT) Fund Beneficiary Group, can both be restored.
The Right of Suspects to Obtain Legal Aid in Criminal Investigation Imanuel Marthen Dumais; Muhadar Muhadar; Marwati Riza
Musamus Law Review Vol 1 No 1 (2018): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v1i1.736

Abstract

In the law enforcement aspect, the unfair treatment of suspects is an act of public scrutiny that falls into the category of human rights violations. This study aims to analyze the urgency of the fulfillment of suspect rights at the stage of investigation as well as the implementation of the right to obtain legal assistance for the suspect at the investigation stage. The type of research is sociolegal research. This research conducted in Manokwari, West Papua, Indonesia, precisely in Manokwari Police Station. The result of the research indicates that the urgency to fulfill the rights of suspects is in the framework of the protection of the rights of the community which is the basic right if not fulfilled is discrimination and injustice which is expressly prohibited under the 1945 Constitution. Implementation of the right to obtain legal aid for the suspect at the investigation stage at Polres Manokwari has not been implemented optimally. The low interest of the suspects to be accompanied for not understanding the urgency of legal aid and the assumption that the use of legal aid services should be charged to be one of the obstacles in the fulfillment of the rights of suspects. In addition, the existence and interest of advocates on the provision of legal assistance is still very minimal also a constraint in implementing the right to obtain legal assistance for the suspect.
Co-Authors Hairuddin Tomu Imanuel Marthen Dumais Marwati Riza Musakkir Musakkir