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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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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.
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.
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