Juanrico Alfaromona Sumarezs Titahelu
Fakultas Hukum Universitas Pattimura

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Journal : LUTUR Law Journal

Perlindungan Hukum Kepada Tersangka Pada Tahapan Pra Adjudikasi Juler Orin Tasya Saknohsiwy; Juanrico Alfaromona Sumarezs Titahelu; Julianus Edwin Latupeirissa
LUTUR Law Journal Vol 3 No 1 (2022): Mei 2022 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v3i1.10280

Abstract

Various provisions for the implementation of pre-adjudication, investigative procedures and investigations into alleged criminal acts of persecution. This research is a normative juridical research on this problem and then examines and knows the answers to this problem through a concept approach, statutory approach and case approach, then from the results of the description conclusions and suggestions can be drawn. The results of this research and problem analysis use the concept of the rights of suspects who commit crimes, the concept of pre-adjudication, which is an initial framework for thinking about legal protection for suspects at the pre-adjudication stage. The results of the study show that the form of legal protection for suspects at the pre-adjudication stage should be carried out by the suspect's attorney by asking the Southwest Maluku Police Investigators and the Public Prosecutor to carry out integrated (integrated/synchronized) Investigation and Prosecution between Investigators, Public Prosecutors and the Court so that the case is immediately transferred to the Saumlaki District Court to carry out an Examination and obtain a Court Decision and what legal remedies can be taken against violations of the suspect's rights at the pre-adjudication stage can be carried out through pre-trial by the suspect's attorney with based on the legal provisions governing the rights of suspects as protected in the Criminal Procedure Code, namely the suspect or defendant has the right to be immediately examined by investigators, has the right to be immediately submitted to court and has the right to be tried immediately and get a court decision.
Implementasi Tugas Hakim Pengawas Dan Pengamat Terhadap Pelaksanaan Putusan Pengadilan Pada Lembaga Pemasyarakatan Di Indonesia Robertho Sohilait; Deassy Jacomina Anthoneta Hehanussa; Juanrico Alfaromona Sumarezs Titahelu
LUTUR Law Journal Vol 4 No 1 (2023): Mei 2023 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v4i1.10498

Abstract

The institution of supervisory judges and observers is a new institution that was born with the enactment of Law No. 8 of 1981 concerning the Criminal Procedure Code. The task of supervision and observation is very important, considering that its duties are not only related to convicts who have been sentenced, but also to convicts who have finished serving their sentences with the aim that there is a guarantee that the decisions handed down by the court are carried out properly. Purposes of the Research: The type of research used is normative legal research using a statute approach, a conceptual approach, and a case approach. While the sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Results of the Research: From the results of the study, it is explained that supervisory judges and observers are very relevant in the implementation of the current criminal justice system because with the presence of supervisory judges and observers they can carry out direct supervision and observation of court criminal decisions that have legal force and can directly assess whether the decision can be useful. for prisoners or not so that when he is ready to return to the midst of society so that the purpose of the criminal justice system that corrects the perpetrators can be realized, but as long as in Indonesia the implementation of the rights of supervisors and observers is not carried out properly, this is due to the absence of strict sanctions to judges and courts, the lack of regulations and provisions regarding supervisory and observer judges, as well as supervisory and observer judges can be considered as interfering formally with the authority of the penitentiary, therefore the cooperation of the ministry of law is required. and human rights and the judiciary to formulate new regulations for supervisory and observer judges.