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All Journal Jurnal Res Justitia : Jurnal Ilmu Hukum Indonesian Journal of Innovation Studies IJLRSA
Suhardi Somomoeljono, Suhardi
Universitas Mathla'ul Anwar Banten
Humanities Computer Science & IT Education Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : IJLRSA

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The Relevance of the Miranda Rule for the Protection of Human Rights in Law Enforcement in Indonesia Somomoeljono, Suhardi; Tiara Hardy, Maryzka
The International Journal of Law Review and State Administration Vol. 3 No. 4 (2025): July-August : The International Journal of Law Review and State Administration
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v3i4.235

Abstract

This study explores the relevance of the Miranda Rule in protecting human rights within the context of law enforcement in Indonesia. The Miranda Rule, originating from the United States legal system, mandates that individuals taken into custody must be informed of their constitutional rights, including the right to remain silent and the right to legal counsel. Although Indonesia does not formally adopt the Miranda Rule, similar principles are embedded in its legal framework through the constitution and criminal procedure law. This research highlights the gaps in implementation and enforcement that often lead to human rights violations during arrest and interrogation processes. Using a normative legal approach and supported by case analysis, this paper argues that the integration of Miranda-like safeguards in Indonesian law enforcement practices can significantly strengthen the protection of suspects' rights and uphold due process. The study concludes that adopting procedural guarantees akin to the Miranda Rule is not only relevant but essential to aligning Indonesia's legal system with international human rights standards.
Bribery as a Form of Corruption: A Juridical Analysis and Judicial Practice Somomoeljono, Suhardi; Kumar, Saurav
The International Journal of Law Review and State Administration Vol. 4 No. 1 (2026): January-February : The International Journal of Law Review and State Administra
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v4i1.273

Abstract

This study examines bribery as a specific form of corruption within the Indonesian legal framework, focusing on its juridical aspects and judicial practice. Bribery, as regulated in Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 on the Eradication of Corruption Crimes, constitutes a criminal act that undermines public trust, disrupts governmental integrity, and damages the state’s administrative functions. This research analyzes the legal elements of bribery, the scope of criminal liability, and the procedural mechanisms used in investigating and prosecuting bribery cases. Furthermore, the study reviews selected court decisions to evaluate judicial consistency, sentencing patterns, and the effectiveness of judicial reasoning in achieving deterrence. The findings indicate that, despite the existence of strong legal provisions, challenges remain in terms of proving intent, uncovering hidden transactional networks, and ensuring institutional independence in bribery cases. The study concludes that strengthening legal clarity, enhancing investigative capacity, and improving judicial transparency are crucial to increasing the effectiveness of law enforcement against bribery as a corruption offense.
Critical Analysis of the Nucleus–Plasma Scheme and Community Plasma from the Perspective of Community Economic Growth and Business Law Somomoeljono, Suhardi
The International Journal of Law Review and State Administration Vol. 4 No. 2 (2026): March-April : The International Journal of Law Review and State Administration
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v4i2.309

Abstract

The plantation sector, particularly palm oil plantations, is one of the strategic sectors in Indonesia's economic development. The policy of granting Plantation Business Licenses (IUP) and Land Cultivation Rights (HGU) to plantation companies is essentially accompanied by an obligation to develop community plasma plantations amounting to at least 20% of the total cultivated land area. However, in practice, the implementation of this community plasma policy has not fully provided a significant impact on improving the welfare of communities surrounding plantation areas. This study aims to critically examine the relationship between plantation companies as the nucleus and local communities as plasma from the perspective of community economic growth and business law. The research method used is a normative juridical approach with deductive-descriptive analysis of legal policies governing plantations and the management of community plasma schemes. The findings indicate that weak legal policies and the lack of optimal government supervision are the primary factors causing the ineffective implementation of community plasma obligations. Therefore, the establishment of a special institution with national authority, such as the National Authority Agency for Indonesian Plantation Plasma (BONPPI), is necessary to supervise, coordinate, and ensure the implementation of community plasma obligations in a fair and transparent manner. The existence of such an institution is expected to improve community welfare, strengthen people's economic empowerment, and support equitable national economic growth.
Co-Authors Hardy, Jurisdito Hutomo Kumar, Saurav Tiara Hardy, Maryzka