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Fakultas Hukum Universitas Brawijaya
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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.v5i5.4173

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.
Reformulation of The Administrative Examination Regulation of Applications for Review (Peninjauan Kembali) in Criminal Cases: A Comparative Study of Indonesia, The Netherlands and France Dipa Rivaldi; Muktiono
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 4 (2026)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i4.5636

Abstract

The regulation of the administrative examination of applications for extraordinary legal remedy of review (peninjauan kembali, PK) in Indonesian criminal procedure contains fundamental juridical problems. Although PK is regulated in Articles 263–269 of the Criminal Procedure Code (KUHAP 1981) as amended by KUHAP 2025, significant procedural ambiguity persists, particularly at the examination stage before the district court functioning as the forwarding court. This research aims to analyze the juridical problems in the regulation of PK under KUHAP regarding the procedure for examining PK applications, to compare the administrative examination regulation between Indonesia, the Netherlands, and France, and to formulate a reformulation model adoptable from those jurisdictions. This study employs a normative legal method with a prescriptive and applied character, utilizing the statute approach, conceptual approach, and comparative approach. Legal materials consist of primary, secondary, and non-legal materials analyzed prescriptively. The findings reveal that the procedural obscurity of Article 265 KUHAP, the ambiguity of the concept of novum, and the disharmony between statutory provisions and internal Supreme Court regulations generate legal uncertainty and disparities in application. The Dutch Wetboek van Strafvordering (Articles 457–482i) and the French Code de procédure pénale (Articles 622–627) provide more structured, transparent, and accountable mechanisms. This article proposes a reformulation model encompassing clarification of novum criteria, detailed examination procedures, adoption of best practices from both countries, and harmonization of the regulatory hierarchy.
Urgency of the Regulation of No-Charge Service by Land Deed Officials (PPAT) for the Incapables Eva Rahayu; Muktiono; Hendrarto Hadisuryo
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 5 No 3 (2023): International Journal of Islamic Education, Research and Multiculturalism (IJIERM
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v5i3.267

Abstract

The obligation of Land Deed Official (PPAT) to provide services without charging a fee to someone who cannot afford it, as regulated in the Republic of Indonesia Government Regulation No.24 of 2016 concerning amendment Government Regulation No. 37 of 1998 concerning Land Deed Official (PPAT) Position Regulation, lacks restrictions in the regulation results in the blurring of norms. The need for definite regulation is necessary considering that the legal basis for providing free services is only stipulated in one article, and if interpreted, it might not be strong enough to become the basis for the implementation of the Land Deed official’s obligation. In addition to the non-regulation of standardization for the person unable to pay, another factor is that the current regulations are no longer relevant when observed from the phenomena occurring in society today. Thus, the issue in this research is the urgency of legal arrangements regarding the obligations of Land Deed Officials in providing services without charging a fee to someone who cannot afford it. The aims of this research are directed to analyze and formulate the urgency of regulation implementation as well as the legal protection provided by the government towards less privileged people. It was to determine whether the regulation remains relevant in its implementation. This research used normative legal research as a method with the Legislative Approach and Conceptual Approach.
Legal Protection for Human Rights Defender in Indonesia Daniel Alexander Siagian; Muktiono; Ngesti Dwi Prasetyo
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 2 (2024): International Journal of Islamic Education, Research and Multiculturalism (IJIERM
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i2.293

Abstract

Legal protection of human rights defenders in Indonesia is crucial for the state to fulfil, promote and develop human rights. This research focuses on the reformulation of legal obscurity in regulations that have not legitimised the protection of human rights defenders. Various forms of vulnerability of human rights defenders in fact lead to human rights violations such as Criminalisation, Victimisation, Anti-SLAPP (Strategic Lawsuit Against Public Participation), Cyber Attacks and physical attacks intended for human rights defenders which reinforce Impunity. The facts show that the activities of human rights defenders are very vulnerable, it is appropriate to require legal protection in each of their activities. The vulnerability of the activities carried out by human rights defenders, which basically aims to contribute to the quality of State administration in promoting human rights, shows that protection for human rights defenders is important to be reformulated. By considering several important issues that are the focus of the research, the protection of Human Rights Defenders consists of, for instance, legal protection, which is not only related to the establishment of laws and regulations that guarantee the protection of Human Rights Defenders, but also to the elimination of laws that have the potential to threaten, restriction and violate Human Rights Defenders, guarantees and support for the activities of Human Rights Defenders, including the effectiveness of Human Rights Defenders in the process of advocacy, such as the right to information, communication with both government and non-government organisations, and recognition of Human Rights Defenders' advocacy. This also covers the guarantee of defenders' right to immunity for their advocacy activities.
Harmonization of the Authority of The Central and Local Governments in Handling Criminal Acts of Pornography on Social Media: Legal Consequences, Juridical Consequences, and Legal Solutions Muhammad Hilmy Rizqullah Ramadhan; Abdul Madjid; Muktiono
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 2 (2025): International Journal of Islamic Education, Research and Multiculturalism (IJIERM
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i2.485

Abstract

This study investigates the disharmony between Law No. 44 of 2008 on Pornography and Law No. 23 of 2014 on Regional Government, particularly regarding the division of authority between the central and regional governments in handling digital pornography crimes. Utilizing a normative juridical method, the research applies legislative, conceptual, and comparative approaches to assess the vertical and horizontal regulatory conflicts. The findings show that the lack of synchronization between legal provisions leads to legal uncertainty, fragmented enforcement, and contradictions in institutional roles, thus weakening the effectiveness of law enforcement in cyberspace. By employing the theoretical framework of Gustav Radbruch's legal certainty and Jeremy Bentham's utilitarianism, the study reveals that ambiguous authority obstructs legal performance and social protection. The study offers prescriptive solutions through harmonization of regulations, functional-spatial authority distribution, and intersectoral coordination mechanisms to establish a responsive, integrated digital legal governance system in Indonesia.
Co-Authors Abdul Madjid Abdul Madjid Aulia Faza Regista Chandra, Julius Adi Chandra Daniel Alexander Siagian Dipa Rivaldi Erna Anggraini Eva Rahayu Faizin Sulistio Hendrarto Hadisuryo Hendrarto Hadisuryo I Nyoman Nurjaya Joshua Aditya Setyanugraha Muhammad Hilmy Rizqullah Ramadhan Ngesti Dwi Prasetyo Prasada, Dewa Krisna Rachmi Sulistyarini Retno Wahyu Nickent Cassy Rian Sacipto Salsabila, Aizahra Dafa Shinta Hadiyantina Supriyadi Zulmi, Muhammad Nizar