Article Per Year (5 Year)
p-Index From 2021 - 2026
0.947
P-Index
This Author published in this journals
All Journal JURNAL HUKUM LAW REFORM Spektrum Hukum Sriwijaya Law Review Qaumiyyah: Jurnal Hukum Tata Negara
Md Said, Muhamad Helmi
Unknown Affiliation
Religion Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 5 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search
Journal : LAW REFORM

 1 
Pretrial as Supervisory Mechanism for Protecting Suspects' Human Rights Tongat, Tongat; Md Said, Muhamad Helmi; Rozah, Umi
LAW REFORM Vol 22, No 1 (2026)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v22i1.68181

Abstract

Although coercive measures in the investigative and prosecutorial processes are essentially legitimate, the line between necessary detention and violations of individual freedoms and human rights is often blurred in practice. Therefore, a control mechanism is essential. This paper aims to analyse two main issues: first, the use of pretrial as a mechanism for monitoring the implementation of suspects' human rights protection during the investigation and prosecution process; and second, the need to consider material aspects in pretrial. Using conceptual, legislative and comparative approaches, this paper reaches at least two conclusions. Firstly, as its focus is limited to the formal procedural process, the pretrial process, as set out in Law Number 8 of 1981 concerning the Criminal Procedure Code, has failed to fulfil its function as a control mechanism for ensuring the protection of suspects' human rights during the investigation and prosecution process. Secondly, the absence of provisions for examining material aspects in pretrial further confirms that it is unable to control the use of coercive measures in the investigative and prosecutorial processes
Co-Authors Andi Intan Purnamasari Bin Mohd Zahir, Mohd Zamre Edy Lisdiyono Indriyasari, Indriyasari mashari . Masri, Faizul Aswad Rohaida Nordin, Rohaida Sriwati, Endah Tongat Tongat Umi Rozah