Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Yustisia Sriwijaya Law Review
Teuku Muttaqin Mansur
Faculty of Law Universitas Syiah Kuala
Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
The Effectiveness of the Implementation of Customary Fines in Settlement of Seclusion Cases in Banda Aceh Teuku Muttaqin Mansur; Yunita Yunita; M Adli; Sulaiman Sulaiman
Sriwijaya Law Review VOLUME 4 ISSUE 1, JANUARY 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.404.pp52-61

Abstract

Seclusion (khalwat) is the activity conducted in a quiet place between two individuals of different sex who are not mahram (blood relative) without the legitimate marriage bond and the willingness from both parties, which leads to adultery. Fine is one of the customary penalties given to the perpetrators of khalwat. In practice, implemented of fines between one region and another is different. The study aims to identify the types of adat fines charged to khalwat perpetrators and the effectiveness of implementation on the settlement customary fines in Banda Aceh. It used a juridical-empirical research method. The data used, in addition to primary and secondary legal material, also used an in-depth interview with respondents. The data analyzed using a qualitative descriptive approach. This research conducted in Banda Aceh district. The research results show that the kind of customary fines given to khalwat perpetrators was different. There are even some cases begun to shift, and some considered that being married because of khalwat was considered one of the customary fines. Customary fines are effective in reducing offense of khalwat. However, there are concerns if the decision of the customary fines does not get optimal support from law enforcement officials. Expected, customary official affirmed kind of customary fine given to khalwat perpetrators. The difference subtle, need to consider the aspect of justice, the ability, and effective whereabouts of fines to reduction offense of khalwat.
The Right to be Heard Prior to Judicial Proceedings: Human Rights and Fair Trial Deficiencies in Indonesian Pre-Trial Processes Erwin Susilo; Mohd. Din; Suhaimi Suhaimi; Teuku Muttaqin Mansur
Yustisia Vol 15, No 1: April 2026
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v15i1.102131

Abstract

The Protection from arbitrary detention is an essential component of a democratic judicial system and a core element of the right to a fair trial. However, in Indonesia, the previous and the newly passed Criminal Procedure Code (KUHAP) do not expressly require detained suspects to be presented before a judge during the pre-trial procedures. This circumstance raises questions about the effectiveness of judicial oversight over coercive methods and the realisation of procedural rights protected under human rights standards. The problem is of particular relevance, as the Indonesian pre-trial process serves a similar purpose to habeas corpus in many countries, which necessitates the detainee’s personal appearance before the court. This article employs normative legal research using statutory, conceptual, and comparative approaches. Comparative analysis is conducted by examining habeas corpus regulations and judicial oversight mechanisms in England, the United States, India, the Philippines, Spain, Portugal, and the Netherlands. The analysis demonstrates that the absence of an obligation to present detained suspects before a judge weakens procedural fairness, limits the suspect’s opportunity to be heard directly, and reduces the effectiveness of judicial supervision over detention. To address these shortcomings, reform of the KUHAP should provide an explicit requirement for the presentation of detained suspects in pretrial hearings and strengthen the active supervisory role of judges as a safeguard against arbitrary deprivation of liberty
Co-Authors Erwin Susilo M Adli Mohd. Din Suhaimi Suhaimi Sulaiman, Sulaiman Yunita Yunita