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All Journal Indonesian Journal of Criminal Law Al-Bayyinah Qawanin Jurnal Ilmu Hukum Intellectual Law Review (ILRE) HORIZON PUBLIC LEGAL STUDIES ADVANCED PRIVATE LEGAL INSIGHTS
Muh. Azham Ilham
Fakultas Hukum Universitas Muslim Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : HORIZON PUBLIC LEGAL STUDIES

 1 
Implementation of the Rights of Suspects As Manifestation of the Principle of Presumption of Innocence at the Investigation Level Syaqira, Andi Zahwa; Lestari, Sri; Ilham, Muhammad Azham
HORIZON PUBLIC LEGAL STUDIES Vol. 1 No. 2 (2025): Vol 1 No 2 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/hegels.v1i2.940

Abstract

This research aims to analyze the implementation of suspects' rights during the investigation process and to identify the challenges encountered in upholding the presumption of innocence principle. The research method employed in this study is an empirical method, consisting of primary data derived from interviews conducted at the Parepare City Police Office and secondary data obtained from document studies, including books, research journals, and legislation relevant to this research. The findings of this study indicate that the investigation process, which is expected to reflect the principle of the presumption of innocence, is often not optimal in practice. Some of the suspects' rights are not fully upheld, such as psychological pressure on the suspects and the right to legal certainty regarding their detention. Several factors influence the examination of suspects that fail to reflect the presumption of innocence principle, categorized into internal and external factors. These factors may compromise the principle in practice. Therefore, better training for investigators, supportive regulations, and a reduction in external pressures are needed to maintain the integrity of a fair legal process.
Uncovering the Truth Through Post-mortem: A Normative Analysis of Murder Victim Autopsies Ade Setiawan, Juswanto; Khalid, Hasbuddin; Azham Ilham, Muhammad
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 1 (2025): Vol 2 No 1 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/khjnpc81

Abstract

This research aims to analyze the legal procedures for conducting post-mortems on murder victims in Indonesia and to determine the implications of post-mortems on human rights, particularly the rights of victims and their families, during the investigation of murder crimes. The research, entitled "Normative Analysis of Post-mortems on Murder Victims," utilizes a normative legal research method. This method emphasizes the analysis of statutory regulations, legal doctrine, and various related legal literature. Forensic autopsies play a crucial role in the criminal law evidentiary system, particularly in murder cases. They serve as a tool to determine the legitimate and objective cause of death and contribute significantly to the development of post mortem examinations (visum et repertum) as legally recognized evidence. Normatively, the procedure for post-mortem examinations has a clear legal basis, regulated by the Criminal Procedure Code (KUHAP), the Health Law, and other relevant regulations. Autopsies may be performed without the family's consent for law enforcement purposes, but must still be conducted with respect for human rights, cultural values, and professional ethics. 
Co-Authors Ade Setiawan, Juswanto Khalid, Hasbuddin Kirana, Andi Rahmi Ainun Muhammad Iqbal Muhammad Rinaldy Bima Mursyid Djawas Nugraha, Nurul Jaya Rishad Ilmi, Muhammad Sri Lestari Syaqira, Andi Zahwa Wardana Mamonto, Andry Wikra Yunita Sukma