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All Journal Indonesia Private Law Review The Indonesian Journal of Socio-Legal Studies
Kouwagam, Santy
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Education Law, Crime, Criminology & Criminal Justice

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Can Affordable Homes be Healthy? Legal Strategy, Socio-Legal Studies and Activism in Indonesia Kouwagam, Santy
The Indonesian Journal of Socio-Legal Studies Vol. 2, No. 1
Publisher : UI Scholars Hub

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Abstract

This article uses two Constitutional Court decisions in Indonesia to exemplify the importance of analysing legal strategies. These decisions declared a rule barring developers from building and selling tiny houses to be unconstitutional and invalid. The article shows that ‘justice’ in legal procedures still needs further definition, and that judges’ elaboration of decisions and their legal reasoning still needs improvement. The article will first discuss the cases, using Legal Strategy analysis. It will then highlight problems with the commoditisation of houses. Finally, it will argue that the problem of unhealthy and unaffordable housing in Indonesia can be resolved, by bringing together activists and researchers in a joint enterprise and tackling the issue as a collective societal project. In turn, socio-legal scholars need to keep including in-depth analysis of case law as one of the foundations of their work in law and society development.
ASSESSING THE EVIDENTIARY POWER: NOTARIZED AUTOPSY REPORTS VERSUS VISUM ET REPERTUM Marwah, Marwah; Borahima, Anwar; Yunus, Ahsan; Saphira, Alya; Kouwagam, Santy
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4536

Abstract

In cases of murder or suspicious death, an autopsy reports serve as crucial evidence in criminal adjudication. Based on Indonesian criminal procedural law, a Visum et Repertum issued by an authorized forensic doctor is legally recognized as expert evidence for determining the cause, manner, and circumstances of death. In the case examined, both the Visum et Repertum and the testimony of a general practitioner who observed the autopsy process, subsequently legalized by a notary, were submitted as evidence in criminal proceedings. This study examines the normative ambiguity between criminal procedural law and notarial law, particularly regarding the evidentiary status of a general practitioner’s testimony concerning autopsy observations that is subsequently legalized by a notary. This research uses a normative legal analysis, drawing on statutory and conceptual approaches, to analyze the framework of criminal procedural law, regulations governing medical practice, and the juridical limits of notarial authority. The findings confirm that submitting a general practitioner’s testimony on autopsy observations, even when legalized by a notary, does not create a conflict of norms. Instead, it constitutes a misapplication of evidentiary principles. A Visum et Repertum, prepared by a duly authorized forensic physician, possesses definitive evidentiary authority as it is issued within statutory mandate. By contrast, the testimony of a general practitioner, even if notarized, lacks the legal force to constitute valid evidence, as notaries are not authorized to legitimize forensic medical findings. This article clarifies that notarizing autopsy observations does not create normative conflict, but reflects a misapplication of evidentiary authority in criminal procedure.
Co-Authors Borahima, Anwar Marwah Marwah Saphira, Alya Yunus, Ahsan