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All Journal LAW REFORM Jurnal Media Hukum Jurnal Ilmiah Peuradeun Hasanuddin Law Review SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Geuthee JIAL (Journal of Indonesian Adat Law) Jurnal Hukum dan Peradilan Kanun: Jurnal Ilmu Hukum
Teuku Muttaqin Mansur
Fakultas Hukum Universitas Syiah Kuala, Banda Aceh
Religion Humanities Economics, Econometrics & Finance Education Energy Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Hasanuddin Law Review

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Justice Delayed, Justice Denied: A Critical Examination of Repeated Suspect Status in Indonesia Susilo, Erwin; Din, Mohd.; Suhaimi, Suhaimi; Mansur, Teuku Muttaqin
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.6088

Abstract

The Indonesian criminal justice system faces critical issues with the repeated designation of individuals as suspects, which compromises legal certainty and the protection of human rights. This study provides a critical analysis of the procedural and ethical consequences of repeated suspect designations within the framework of Indonesia's Criminal Procedure Code. This study employs a doctrinal legal research methodology, incorporating statute, case and conceptual approaches. The results show that pretrial judges assess the validity of suspect designations based on procedural and formal principles. Their authority is confined to reviewing formal aspects. These limitations underscore that pretrial proceedings focus solely on administrative and procedural compliance rather than the substantive merits of the case. This formalist perspective follows civil procedural principles, emphasizing procedural correctness over material truth. While pretrial judges can annul a suspect designation, investigators can re-designate the person as a suspect if new evidence is presented. Such a reform would ensure a more balanced relationship between judicial oversight and investigative authority, minimizing arbitrary practices and enhancing procedural fairness. However, the recurring practice of re-designating suspects raises a significant flaw in the system, undermining legal certainty and eroding public trust.
Justice Delayed, Justice Denied: A Critical Examination of Repeated Suspect Status in Indonesia Susilo, Erwin; Din, Mohd.; Suhaimi, Suhaimi; Mansur, Teuku Muttaqin
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.6088

Abstract

The Indonesian criminal justice system faces critical issues with the repeated designation of individuals as suspects, which compromises legal certainty and the protection of human rights. This study provides a critical analysis of the procedural and ethical consequences of repeated suspect designations within the framework of Indonesia's Criminal Procedure Code. This study employs a doctrinal legal research methodology, incorporating statute, case and conceptual approaches. The results show that pretrial judges assess the validity of suspect designations based on procedural and formal principles. Their authority is confined to reviewing formal aspects. These limitations underscore that pretrial proceedings focus solely on administrative and procedural compliance rather than the substantive merits of the case. This formalist perspective follows civil procedural principles, emphasizing procedural correctness over material truth. While pretrial judges can annul a suspect designation, investigators can re-designate the person as a suspect if new evidence is presented. Such a reform would ensure a more balanced relationship between judicial oversight and investigative authority, minimizing arbitrary practices and enhancing procedural fairness. However, the recurring practice of re-designating suspects raises a significant flaw in the system, undermining legal certainty and eroding public trust.
Co-Authors Abdullah, M Adli Abdullah, Muhammad Adli Azhari Yahya Din, Mohd. Efendi Efendi Hasbi Ali, Hasbi Insa Ansari, Insa Miranti, Aufa Mochammad Imron Awalludin Mohd Din, Mohd Muazzin Muazzin, Muazzin Muhammad Adli, Muhammad Nurhaliza, Nurhaliza Sautunnida, Lia Suhaimi Suhaimi Suhaimi Sulaiman Sulaiman Sulaiman, Sulaiman Sunoko, Andika Priandana Susilo, Erwin Usman, Musliadi Bin wulandari, Mitra