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All Journal Mimbar Keadilan Ex Aequo Et Bono Journal of Law
Panjaitan, Ananda Chrisna D.
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Law, Crime, Criminology & Criminal Justice

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Optimalisasi peran pihak ketiga yang berkepentingan dalam praperadilan melalui penegakan hukum menuju pembaharuan hukum acara pidana Panjaitan, Ananda Chrisna D.
Ex Aequo Et Bono Journal Of Law Vol. 1 No. 2: (January) 2024
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v1i2.2024.294

Abstract

This article will explain the important role of third parties in pretrial institutions and analyze the legal standing of non-governmental organizations in reforming criminal procedural law. The additional interpretation made by the Constitutional Court Decision provides legal standing to the community represented by Non-Governmental Organizations as supervisors of possible errors or arbitrariness in terminating investigations or discontinuing prosecutions. Furthermore, in reforming the criminal procedure law, Commissioner Judges, who in the RKUHAP have duties and authority that have advantages compared to the Pretrial Institution in the KUHAP, are expected to also provide access to interested third parties, one of whose subjects is the public, to submit applications freely in accordance with the certain requirements.
The Ideal Concept of Requirements for Ad Hoc Human Rights Judges at the Supreme Court to Achieve Justice Panjaitan, Ananda Chrisna D.
Mimbar Keadilan Vol 18 No 1 (2025): Februari 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i1.11119

Abstract

Resolving severe human rights abuses in Indonesia requires serious efforts. One significant case, the human rights abuses in Paniai, remains unresolved and has not yet found justice. After the accused was acquitted, the Attorney General filed an appeal to the Supreme Court. However, the cassation process has not proceeded due to the absence of ad hoc human rights judges at the Supreme Court. The stringent requirements for ad hoc judges at the Supreme Court level serve as a barrier to attracting competent candidates. This study employs normative legal research methodology, utilizing both legislative and case approaches. The findings indicate that there is a need to amend the administrative requirements outlined in Paragraph 4, clauses (d) and (e), which pertain to the age and experience of prospective ad hoc judges. These requirements hinder qualified candidates, particularly those with expertise in severe human rights abuses, from applying. The inefficiency and ineffectiveness of these administrative criteria contribute to delays in resolving such cases. The study advocates for revising the age and experience requirements, emphasizing that the critical factor in resolving severe human rights abuses is the ad hoc judges' knowledge of victim rehabilitation and the imposition of appropriate penalties on perpetrators. Revising these requirements is essential to expedite the resolution of severe human rights abuses and to ensure a more effective judicial process.
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