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All Journal Masalah-Masalah Hukum LAW REFORM Diponegoro Law Journal JURNAL LITIGASI (e-Journal) Sriwijaya Law Review JURNAL PEMBANGUNAN HUKUM INDONESIA Jurnal Penegakan Hukum dan Keadilan Indian Journal of Forensic Medicine & Toxicology Journal of Law, Poliitic and Humanities
Umi Rozah
Unknown Affiliation
Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Journal : LAW REFORM

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Problems of Law Enforcement in Realizing The Principle of Equality Before The Law in Indonesia Rofingi, Rofingi; Rozah, Umi; Asga, Adifyan Rahmat
LAW REFORM Vol 18, No 2 (2022)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (258.645 KB) | DOI: 10.14710/lr.v18i2.47477

Abstract

Indonesia is a state of law. The law stipulates the principle of equality before the law. There are various problems in law enforcement. These problems have led to the failure to observe the principle of equality before the law. Just as the persecution suffered by Sarpan, the police admitted that they were the perpetrators of the murder. This is different from the case of Napoleón Bonarparte and Prasetijo Utomo, the suspect of bribery to remove red notice warrant of Djoko Tjandra. In this case, Djoko Tjandra had lunch with the head of the prosecutor's office. This research is significant considering the widespread practice of law enforcement that underestimates the principle of equality before the law, so it will not discriminate against everyone when applying the law in the future. This study uses the non-doctrinal reaserch because it examines laws and regulations and their implementation to the people. From this research, it is found that due to the problems of laws and regulations that are unsuitable for the people, lacked of ethics, beliefs, resources, and transparency in the screening of order agents, the principle of equality before the law has not been implemented, and there is inconsistency in the application of the law Integration leading to the decline in public trust to the law . Therefore, these issues need to be improved to realize the principle of equality before the law in law enforcement.
Pretrial as Supervisory Mechanism for Protecting Suspects' Human Rights Tongat, Tongat; Md Said, Muhamad Helmi; Rozah, Umi
LAW REFORM Vol 22, No 1 (2026)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v22i1.68181

Abstract

Although coercive measures in the investigative and prosecutorial processes are essentially legitimate, the line between necessary detention and violations of individual freedoms and human rights is often blurred in practice. Therefore, a control mechanism is essential. This paper aims to analyse two main issues: first, the use of pretrial as a mechanism for monitoring the implementation of suspects' human rights protection during the investigation and prosecution process; and second, the need to consider material aspects in pretrial. Using conceptual, legislative and comparative approaches, this paper reaches at least two conclusions. Firstly, as its focus is limited to the formal procedural process, the pretrial process, as set out in Law Number 8 of 1981 concerning the Criminal Procedure Code, has failed to fulfil its function as a control mechanism for ensuring the protection of suspects' human rights during the investigation and prosecution process. Secondly, the absence of provisions for examining material aspects in pretrial further confirms that it is unable to control the use of coercive measures in the investigative and prosecutorial processes
Co-Authors Agustiawan, M. Hendri Asga, Adifyan Rahmat Astuti, A.M. Endah Sri Claudia, Natasya Eko Soponyono Florentina, Brigita Feby Harianja, Frans Capri Yogi Jaya, Nyoman Serikat Putra Jihyun Park Md Said, Muhamad Helmi Mujiono Hafidh Prasetyo Nashriana, Nashriana Nur Rochaeti Pujiyono Pujiyono Rofingi, Rofingi Seraphinus Mariano Agung Serman Simangunsong, Gusfen Alextron Tongat Tongat Yos Johan Utama Yuristha, RM. Egidius