Erni Dwita Silambi, Erni Dwita
Dosen Ilmu Hukum Fisip-Unmus

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Pre-Trial As Investigation Process Control System Bauw, Lily; Silambi, Erni Dwita; Kama, Ibrahim; Ismail, Nurwita
SASI Volume 28 Issue 4, December 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i4.1077

Abstract

Introduction: Pretrial is the initial thought to carry out supervisory actions against law enforcement officials so that in carrying out or carrying out their duties there is no abuse of authority.Purposes of the Research: To review and analyze Pre-Trial As Investigation Process Control System.Methods of the Research: The research method used in this study is Empirical Juridical law research with the reason that the author wants to examine norms related to pretrial and seek information directly about the implementation of pretrial at the Merauke Merauke Police.Results of the Research: Pretrial is a form of control both from superiors (Vertical) as well as from fellow law enforcers or third parties, namely the attorneys of suspects, suspects and their families (Horizontal) to see that the arrest, detention and determination of suspects are in accordance with applicable rules and pretrial. must have rules regarding inspection techniques so that there is uniformity. 
Protecting Indigenous Rights in the Indonesia–Papua New Guinea Border Area Kalalo, Julianto Jover Jotam; Silambi, Erni Dwita; Maturbongs, Edoardus E; Marpaung, Dewi Natalia
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 2 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i2.1536

Abstract

The determination of customary land rights for indigenous communities in border areas grows increasingly complex when assessing individual claims within the framework of collective rights. This study aims to formulate a legal protection model for the customary land rights of indigenous communities along the Indonesia-Papua New Guinea border. To formulate this model, the research will comparatively analyze the conceptual frameworks governing customary rights across three existing border areas, namely in Jayapura Regency, Boven Digoel Regency, and Merauke Regency. The research method used is normative empirical, with data collection techniques through observation, documentation, and interviews. The data analysis technique used in this legal research is qualitative-descriptive data analysis. Critical Review of previous studies reveals a significant research gap regarding the protections for customary law communities, especially customary land rights in the Papua border area. This study identifies the absence of a comprehensive scholarly examination regarding the protection and control of customary land rights in the border area between Indonesia and Papua New Guinea, especially in Merauke Regency, Boven Digoel Regency, and Jayapura Regency.
Optimalisasi Fungsi Legislasi Badan Musyawarah Kampung Silambi, Erni Dwita; Samderubun, Fransiskus; Ruslan, Achmad; Halim, Hamzah
SASI Vol 27, No 3 (2021): Volume 27 Nomor 3, Juli - September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i3.403

Abstract

This study aims to optimize the implementation of the legislative function in the village consultative organization. This study using sociolegal law research methods, data collection techniques used are interviews, direct observation, literature study. All data obtained from this study, both primary data, secondary data, and tertiary data, are then processed and analyzed qualitatively for further description in order to provide understanding by explaining the results of this study, ideally, it discusses and agrees on a village regulation draft from the right of initiative. The proposal purpose is to gather the aspirations from the village community and stipulated in a village regulation product. However, the implementation of proposals and designs proposed by the Village Deliberative Council was low, resulting in the lack of village regulations being produced. There are 179 villages in Merauke district, none of it has village regulation product initiatively.. The decline performance of the Village Deliberative Council will result in ineffective legislative functions. Appropriate regulations, namely renewal and improvement in terms of Quality, Quantity, Timeliness, Effectiveness, Independence, Environment, become benchmarks in optimizing the legislative function of Village Deliberative Council. Something questionable here is whether the village community can follow the changes or reject the changes.
The Legality Questioning of the Investigation Termination Through the Investigation Warranty on Corruption Crime Silambi, Erni Dwita; Tajuddin, Mulyadi Alrianto; Rado, Rudini Hasyim; Y. Badilla, Nurul Widhanita
International Journal of Law Reconstruction Vol 8, No 1 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i1.35369

Abstract

The ongoing investigation sheds light on a criminal case. The purpose of this study is to analyze the legality of the termination of the investigation of corruption cases carried out by the KPK as a result of the enactment of Article 40 of Law No. 30 of 2002. This research focuses on the authority of the KPK in stopping the investigation process of corruption crimes through the Investigation Termination Order (SP3). With the type of normative juridical-based research, the research is centered on literature research taken from the study of the election, literature studies, and other scientific works then analyzed using qualitative research methods that are oriented to the conceptual certainty approach and the case approach. The main problems found include the legality of SP3 by the KPK in corruption crimes. The results of the study show the position of the KPK as a super body institution, in the enforcement of corruption crimes, it has several special authorities because it is regulated in a specialist manner in its own provisions, including the authority to investigate based on philosophical, sociological, and juridical aspects, where the essence of the KPK's authority is a rational effort in eradicating corruption and realizing law enforcement oriented towards justice and legal certainty. The recommendation given is that investigations and investigations by the KPK must be carried out professionally, efficiently, and effectively by paying attention to the conditions that must be met before the investigation is carried out, so that synergy and coordination between law enforcement officials are needed.