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Nakamnanu, Manuel Defender
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Law, Crime, Criminology & Criminal Justice

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PRADUGA TAK BERSALAH DAN PRADUGA BERSALAH DALAM PROSES PENEGAKAN HUKUM PIDANA DI INDONESIA OLEH KEPOLISIAN Nakamnanu, Manuel Defender
Justitia et Pax Vol. 39 No. 2 (2023): Justitia et Pax Volume 39 Nomor 2 Tahun 2023
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v39i2.8186

Abstract

The presumption of innocence is one of the principles that provides legal protection for suspects and defendants in the process of enforcing criminal law, but there is also a view that states that in the investigation process it would be more appropriate to apply the presumption of guilt, therefore in this paper the author will further examine the application of the presumption of innocence and presumption of guilt in the criminal law enforcement process in Indonesia by the Police. To answer these problems, the author uses the research method of library research, namely research that utilizes library sources to obtain data in a study. The method of approach is conceptual (conceptual approach) by studying the principles, theories, doctrines, and principles related to the presumption of innocence and the presumption of innocence, and from the results of the research the author concludes that the presumption of innocence must actually be applied in the examination process at the investigation level.
PENERAPAN ASAS KEADILAN DALAM PROSES PENYELESAIAN HAK ATAS TANAH UNTUK KEGIATAN PERTAMBANGAN Nakamnanu, Manuel Defender
Justitia et Pax Vol. 41 No. 1 (2025): Justitia et Pax Volume 41 Nomor 1 Tahun 2025
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v41i1.9211

Abstract

Mining activities are one of the fields that provide a large contribution to state revenue through investment in the mining sector. To increase investment in mining, the government has changed several times the legal policies relating to the implementation of mining activities in Indonesia. Starting from centralized laws through Law Number 11 of 1967 concerning Basic Mining Provisions, which was later revoked by Law Number 4 of 2009 which gave more roles to local governments related to the granting of mining licenses, and further amended by Law Number 3 of 2020 which again adhered to a centralized system in granting mining licenses. Talking about mining activities, things that need to be seen are also related to the settlement of land rights for mining interests. In the three rules above, it implicitly regulates the settlement of land rights for mining interests, but none of the three rules guarantee and provide legal protection and a sense of justice for land rights voters. This is illustrated by the weak position of land rights holders in the process of resolving land rights. In this paper the author takes the formulation of the problem, namely whether the principle of justice has been applied in the process of resolving land rights between land rights holders and IUP holders. Also the method used in this research is based on library research. The results of this study indicate that the principle of justice has not been applied in the process of implementing land rights settlements.
PRADUGA TAK BERSALAH DAN PRADUGA BERSALAH DALAM PROSES PENEGAKAN HUKUM PIDANA DI INDONESIA OLEH KEPOLISIAN Nakamnanu, Manuel Defender
Justitia et Pax Vol. 39 No. 2 (2023): Justitia et Pax Volume 39 Nomor 2 Tahun 2023
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v39i2.8186

Abstract

The presumption of innocence is one of the principles that provides legal protection for suspects and defendants in the process of enforcing criminal law, but there is also a view that states that in the investigation process it would be more appropriate to apply the presumption of guilt, therefore in this paper the author will further examine the application of the presumption of innocence and presumption of guilt in the criminal law enforcement process in Indonesia by the Police. To answer these problems, the author uses the research method of library research, namely research that utilizes library sources to obtain data in a study. The method of approach is conceptual (conceptual approach) by studying the principles, theories, doctrines, and principles related to the presumption of innocence and the presumption of innocence, and from the results of the research the author concludes that the presumption of innocence must actually be applied in the examination process at the investigation level.
PENERAPAN ASAS KEADILAN DALAM PROSES PENYELESAIAN HAK ATAS TANAH UNTUK KEGIATAN PERTAMBANGAN Nakamnanu, Manuel Defender
Justitia et Pax Vol. 41 No. 1 (2025): Justitia et Pax Volume 41 Nomor 1 Tahun 2025
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v41i1.9211

Abstract

Mining activities are one of the fields that provide a large contribution to state revenue through investment in the mining sector. To increase investment in mining, the government has changed several times the legal policies relating to the implementation of mining activities in Indonesia. Starting from centralized laws through Law Number 11 of 1967 concerning Basic Mining Provisions, which was later revoked by Law Number 4 of 2009 which gave more roles to local governments related to the granting of mining licenses, and further amended by Law Number 3 of 2020 which again adhered to a centralized system in granting mining licenses. Talking about mining activities, things that need to be seen are also related to the settlement of land rights for mining interests. In the three rules above, it implicitly regulates the settlement of land rights for mining interests, but none of the three rules guarantee and provide legal protection and a sense of justice for land rights voters. This is illustrated by the weak position of land rights holders in the process of resolving land rights. In this paper the author takes the formulation of the problem, namely whether the principle of justice has been applied in the process of resolving land rights between land rights holders and IUP holders. Also the method used in this research is based on library research. The results of this study indicate that the principle of justice has not been applied in the process of implementing land rights settlements.
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