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All Journal LAW REFORM Islam Futura 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
Teuku Muttaqin Mansur
Fakultas Hukum Universitas Syiah Kuala, Banda Aceh
Religion Arts Humanities Economics, Econometrics & Finance Education Energy Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Access to Justice: An Effective Pretrial Model to Guarantee the Right to Defense for Suspects in Indonesia Susilo, Erwin; Din, Mohd; Suhaimi; Mansur, Teuku Muttaqin
Jurnal Hukum dan Peradilan Vol 14 No 2 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.2.2025.317-350

Abstract

This paper examines the ineffectiveness of the pretrial mechanism in Indonesia in guaranteeing the right of suspects to submit and request examination of exculpatory evidence during the investigation stage. Although the Criminal Procedure Code (CPC) provides a legal basis for this right, no rules guarantee that investigators will conduct such examinations, as evidenced by several cases in which investigators ignored such requests. This study is normative legal research, employing a statutory, conceptual, and comparative approach. It compares the Brady Rule in the United States, which requires prosecutors to disclose evidence favorable to the defendant, and the Dutch model of the 'rechter-commissaris', which grants judges the authority to oversee investigative actions actively. The results of this study recommend expanding the authority of pretrial judges to order investigators to examine mitigating evidence based on requests from the suspect or their legal counsel. This reform is important to realize the principles of fair trial, favor defensionis, and equality of arms, as well as to strengthen constitutional protection of human rights and the values of Pancasila. Preliminary hearings, as conceptualized here, can address the injustices that remain unresolved despite decades since the enactment of the CPC in 1981.
The Influence of Law Enforcement on Restorative Justice-Based Conflict Resolution within the Customary Law in Aceh, Indonesia Abdullah, M Adli; Mansur, Teuku Muttaqin; Masrizal, Masrizal; Muhammad Rasyid, Laila; Priyono, Ery Agus
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.v22i1.63943

Abstract

The Indigenous People Community (IPC) in Aceh engages in collaborative efforts with law enforcement agencies to mediate disputes via customary courts, as delineated in Aceh Qanun Number 9 of 2008 pertaining to the Advancement of Customary Life and Traditions. Nevertheless, the escalating preeminence of formal legal frameworks has elicited apprehensions regarding the efficacy of customary sanctions in the context of community-driven conflict resolution. The objective of this research endeavor is to scrutinize the function of the police within the sphere of customary dispute resolution and to investigate the implications of their involvement on the jurisdiction of customary law institutions at the village level. The methodological approach employed in this inquiry is descriptive, supplemented by an empirical methodology. Primary data were acquired through direct observation and interviews with pivotal stakeholders, while secondary data were procured from ancillary documentation. The findings indicate that despite the successful resolution of 18 cases at the village level, the influence of the police tends to eclipse the authority of customary courts. The effectiveness of customary sanctions diminishes when formal law is accorded precedence, particularly in instances such as livestock theft or minor violent offenses. The conclusions that can be inferred suggest that excessive police involvement undermines the robustness of customary law, thereby contravening Article 13 paragraph (3) of Aceh Qanun 9/2008, which stipulates a preference for resolution through customary means at the village level.
The Dayah Insaniah Model: Institutional Reform of Islamic Corrections in Aceh Amrullah, Amrullah; Ismail, Ilyas; Rizanizarli, Rizanizarli; Mansur, Teuku Muttaqin
Islam Futura Vol 26 No 1 (2026): Jurnal Ilmiah Islam Futura
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jiif.v26i1.34837

Abstract

This study examines the institutional reform of the Islamic correctional system in Aceh through the development of the Dayah Insaniah model. The research is motivated by the institutional gap between the objectives of Islamic criminal law under the Qanun Jināyat and the correctional practices currently implemented through the national penitentiary system. Using normative legal research integrated with sociological analysis, the study analyzes primary legal materials, including Law No. 11 of 2006 on the Governance of Aceh, Qanun No. 7 of 2013 concerning Jināyat Procedural Law, Qanun No. 6 of 2014 concerning Jināyat Law, and Aceh Governor Regulation No. 5 of 2018, supported by secondary literature on Islamic criminal justice, correctional reform, and faith-based rehabilitation. The study identifies three principal findings. First, a structural inconsistency exists between the rehabilitative objectives of Islamic criminal law and the placement of Jināyat offenders in general correctional institutions. Second, the mandated UPTD Pembinaan under Aceh’s legal framework has not yet been established, creating an institutional vacuum in the post-sentencing rehabilitation process. Third, prison overcrowding and criminal mixing potentially undermine the correctional objectives of iṣlāḥ (reformation) and ta’dīb (moral development) envisioned by Islamic criminal law. Based on these findings, this study formulates the Dayah Insaniah model as an institutional framework integrating correctional functions, Islamic education, spiritual rehabilitation, and community participation. The model is analytically constructed through legal system theory, development law theory, and the principles of Maqāṣid al-Sharī‘ah. The study contributes to the development of Islamic criminal justice by proposing a regionally grounded correctional model capable of aligning Islamic criminal law with rehabilitative institutional practice in Aceh.
Co-Authors Abdullah, M Adli Abdullah, Muhammad Adli Amrullah Amrullah Azhari Yahya Din, Mohd. Ery Agus Priyono, Ery Agus Hasbi Ali, Hasbi Ilyas Ismail Insa Ansari, Insa Lia Sautunnida Miranti, Aufa Mochammad Imron Awalludin Mohd Din, Mohd Muazzin Muazzin, Muazzin Muhammad Adli, Muhammad Muhammad Rasyid, Laila Rizanizarli, Rizanizarli Suhaimi Suhaimi Suhaimi Sulaiman Sulaiman Sulaiman Sulaiman Sulaiman, Sulaiman Susilo, Erwin Usman, Musliadi Bin wulandari, Mitra