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All Journal JURNAL MAGISTER HUKUM UDAYANA Jurnal Legalitas Yustisia Jurnal Cakrawala Hukum Pembaharuan Hukum Jurnal Penelitian Hukum De Jure Udayana Journal of Law and Culture Journal of Social Science International Journal of Educational Review, Law And Social Sciences (IJERLAS) Audito Comparative Law Journal (ACLJ) Journal of Social Science
Abdul Madjid
Departemen Of Law, Universitas Brawijaya, Malang, East Java, Indonesia
Religion Arts Humanities Chemistry Education Environmental Science Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Physics Social Sciences Other

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"THE URGENCY OF HORIZONTAL SUPERVISION (JUDICIAL SCRUTINY) OF LEGAL AID IN PRE-TRIAL AS PART OF THE HUMAN RIGHTS OF SUSPECTS" Joshua Aditya Setyanugraha; Muktiono; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4173

Abstract

This study examines the urgency of horizontal supervision (judicial scrutiny) of legal aid in pre-trial. Legal aid is a principle contained in the due process of law. The research method used in this study is normative research with a conceptual approach and a case approach. Horizontal supervision in the current pre-trial concept does not include legal aid as an object of judge's authority so that for suspects who are not accompanied by legal counsel as required by Article 56 of the Criminal Procedure Code, the assessment must be submitted to the trial examination. Furthermore, how should horizontal supervision of legal aid provide human rights guarantees to suspects? Horizontal supervision carried out by pre-trial judges or in the future through the concept of Preliminary Examining Judges, it is appropriate to provide a balance between the great power of the apparatus administering the pre-trial function, with the human rights of suspects, including legal aid which is a universal right, so that due process of law can be achieved.
FORMS OF JUSTICE AND CRIMINAL LEGAL PROTECTION FOR CHILDREN THROUGH DIVERSION IN THE FUTURE Darwanto; Sudarsono; Abdul Madjid; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4549

Abstract

Children are a gift from God Almighty, potentially as the next generation to continue the ideals of the struggle of the Indonesian nation, so that they have the right to survive, grow and develop. For this reason, children are considered to need to be given physical and spiritual protection, because every child who is in conflict with the law is always sentenced to imprisonment, even though imprisonment has not gained the trust of the community, thus causing problems. The background underlying this writing is the application of diversion in resolving cases involving children as perpetrators of criminal acts who are sentenced to more than 7 years. Concretely, the problem raised in this writing is how the form of child justice protection through diversion and how the legal regulations on diversion in Indonesia are just. This writing uses a normative research method with a statute approach. Through analysis with this method, it can be seen that the provisions of diversion which are legally regulated in the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Justice System have been able to be carried out starting from the investigation stage and the results of the diversion agreement are issued in the form of a Court Decision, and there is an expansion of several articles in the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Justice System which is further regulated in the Regulation of the Supreme Court of the Republic of Indonesia Number 4 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System. However, in the continuation regulated by Perma Number 4 of 2004, it does not explicitly regulate the maximum criminal limit for juvenile criminals set above 7 (seven) years
REFORMULATION OF THE CONCEPT OF JUDICIAL ACTIVISM THROUGH LEGAL DISCOVERIES AND BREAKTHROUGHS AFTER THE NATIONAL CRIMINAL CODE AS AN EFFORT TO BALANCE THE PRINCIPLE OF LEGAL CERTAINTY AND SUBSTANTIVE JUSTICE Entang Nuryanto; Prija Djatmika; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4942

Abstract

Certainty law as fundamental principles of the Indonesian state of law are often face tension with demands justice substantive in practice justice criminal law , especially in the middle dynamics social and developmental type crimes that are not fully accommodated by law positive . Condition the push emergence practice judicial activism as response on limitations of written norms , in particular through invention law ( rechtsvinding ) and breakthrough legal breakthrough . Although​ get legitimacy juridical through Constitution Power National Judiciary and Criminal Code, practice judicial activism Not yet accompanied by clear settings​ about its limitations and parameters , so that potential cause uncertainty law , inconsistency decision , and exceedance authority judicial . This article aim For analyze typology form judicial activism carried out by judges in practice justice Indonesian criminal law and formulate a reformulation model draft ideal judicial activism to balance principle certainty law and justice substantive in implementation of the National Criminal Code. Research This use method juridical normative with approach legislation and approaches conceptual , through analysis to regulation legislation , jurisprudence , and doctrine law . Research results show that judicial activism in practice justice criminal present in three typology main , namely through method interpretation law , construction law , and breakthroughs law that goes beyond normative limits . This article propose a reformulation model judicial activism based seven fundamental parameters that are hierarchical and cumulative . This model expected capable give corridor clear normative​ for judges to engage in judicial activism still measurable , accountable , and non- shift become arbitrariness judicial , at the same time ensure realization balance between certainty law and justice substantive in system justice Indonesian criminal law .
Co-Authors Ahmad Fauzi Ahmad Fauzi Alfons Zakaria Apripari, Apripari Arifatul Aininta Mardjoni Bambang Sugiri Bambang Sugiri Darwanto Enos Syahputra Sipahutar Entang Nuryanto Faizin Sulistio Fareed Mohd Hassan Geraldo Gracelo Mario Situmeang Intan Khoirun Nisa' Joshua Aditya Setyanugraha Marina Rona Masruchin Ruba'i Megah Novita Endriyanti Mohammad Fadli Muktiono Norentia Ekunming Sari Nurini Aprilianda Prija Djatmika Prija Djatmika R. Imam Rahmat Sjafi’i Rachmad Safa’at Setiawan Noerdajasakti Shilvi Grisminarti Sihabudin Sihabudin Silvony Kakoe Sudarsono Suhariningsih Suhariningsih Sulvia Triana Hapsari Sulvia Triana Hapsari Suwitno Yutye Imran Syarib Rama Indradi Mukti Ummi Khasanah Sitorus Pane Yudhi Darmansyah