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All Journal Batulis Civil Law Review AIWADTHU: Jurnal Pengabdian Hukum PATTIMURA Legal Journal Bacarita Law Journal LUTUR Law Journal BAMETI Customary Law Review
Baharuddin, Wahdaniah
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Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Legal Journal

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Prinsip Miranda Rule Sebagai Hak Asasi Tersangka Dalam Sistem Peradilan Pidana Indonesia Muammar, Muammar; Baharuddin, Wahdaniah
PATTIMURA Legal Journal Vol 1 No 3 (2022): Desember 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v1i3.7504

Abstract

Introduction: Often in the law enforcement process there is a form of crime, neglect of obligations, human rights violations related to the civil rights of citizens in the criminal justice system and abuse of power committed by apparat. In our criminal justice system, the rights of suspects who are the basis of human rights attached to them are often overlooked, which is detrimental to suspects. Purposes of the Research: This research aims to find out how the Miranda Rule principle guarantees the human rights of suspects in the Indonesian criminal justice system. Methods of the Research: The methods used in this research are normative research methods, using a conceptual approach and a statute approach. Results Originality of the Research: the results showed that the Miranda Rule/Miranda Principle, in the form of Miranda Rights has provided guarantees for the rights of suspects. Namely, the right to obtain/contact legal counsel/advocate, and if unable to, then the right to be provided with legal counsel/advocates, the right to obtain legal assistance has been absorbed into articles 54, 55, and 114 of the Criminal Procedure Code of Indonesia, while if he is incapacitated, then the suspect has the right to be provided with legal counsel by the official concerned or through an investigator, as stipulated in article 56 paragraph 1 of the Criminal Procedure Code of Indonesia. As for the Miranda Warning (Right To Remain Silent), it is not expressly regulated, but implicitly it can be interpreted as its application in articles 52, 117 and 166 of the Criminal Procedure Code of Indonesia.
Perspektif Hukum Tentang Penerapan Layanan Hak Tanggungan Elektronik Sihite, Sri Rumada; Baharuddin, Wahdaniah
PATTIMURA Legal Journal Vol 2 No 1 (2023): April 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i1.8357

Abstract

Introduction: Electronic mortgage services issued by the ministry of agrarian and spatial planning in connection with the issuance of the 2019 Minister of Agrarian and Spatial Planning/Head of the Indonesian National Land Agency regulation regarding electronic mortgage services. Purposes of the Research: Is to look at the legal perspective regarding the implementation of electronic mortgage services in the Ministry of Agrarian Affairs and Spatial Planning. Methods of the Research: The type of research used is normative empirical research. The nature of this research is descriptive. Source of data used is secondary data. The nature of this research is descriptive analytical research and drawing conclusions using the deductive method. Results Originality of the Research: The research results show that the harmonization of the rules used in electronic mortgage services between conventional mortgage laws and the latest ministerial regulations is needed for improvement because there are several obstacles found by the authors based on observations in one of the land offices in North Sumatra
Co-Authors Akyuwen, Rory Jeff Amsyahrun, La Ode Amir Dyastuti, Risqi Mumpuni Ipaenin, Muhammad Haz Reza La Ode Angga Muammar Muammar, Muammar Ruslan, Dyah Auliah Rachma SIHITE, SRI RUMADA Taufik, Iqbal Johanes