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Efforts To Protect The Rights Of Suspects Through The Pre-Trial Process In Examinations At The Investigative Level Muhidin, Muhidin; Puji Rahayu, Anjani; Fatmawati, Ina; Putri, Machelinda; Rifa'atul Lailiah, Melly; Fatmawati, Sri
JURNAL RUANG HUKUM Vol. 1 No. 1 (2022): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v1i1.243

Abstract

Coercive action by the competent authorities in investigations and prosecutions can be controlled by the courts. The purpose of establishing this facility is so that the rights of suspects can be protected, especially in relation to illegal arrests and detentions as well as termination of investigations and prosecutions. Even though the facility is regulated positively (Article 82 paragraph (1) letter d), in practice there are still deficiencies in its preparation and application in court, so that the human rights of suspects are not protected. This study discusses how pretrial authority protects the rights of suspects in Decision 99/Pid.Pra/2022/PN JKT.SEL and pretrial objectives at the investigative level, what is the role of pretrial as an effort to protect the rights of suspects and pretrial objectives at the investigative level. Therefore the purpose of this study is to determine pretrial authority in an effort to protect the rights of suspects for pretrial purposes at the level of investigation. The purpose of this study is to answer through the application of legal-philosophical methods and library research through theoretical research with legal theory and its relation to law enforcement prosecution in the judiciary. The results of the research prove that power and other powers continue to influence the institutional legal system whose independence is guaranteed by law and justice, especially the influence of pretrial authority on efforts to protect suspects' rights at the pretrial level and objectives at the investigative level. Also the role of the court as a procedural authority is therefore not completely independent. The main task of the judiciary remains to promote peace and justice. Therefore, to instill a sense of peace among justice seekers, it is necessary to strengthen the legal system, which is the last haven for justice seekers.
Penyelesaian Sengketa Sertifikat Ganda Kepemilikan Hak Atas Tanah Rahayu, Anjani Puji; Junaidi, Arif; Fatmawati, Ina; Lailiyah, Melly Rifa'atul
JURNAL RUANG HUKUM Vol. 3 No. 1 (2024): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v3i1.771

Abstract

This writing aims to the Concept of Settlement of Land Rights and also to find out how the Settlement Procedure for Proving Land Rights that Occurs Due to Double Certificates. The research method used to study this research problem is normative law research. Normative research is the process of finding legal rules, legal principles, and doctrines to answer legal questions. The term independent and independent variables are still foreign in normative research because normative research does not have to start with a hypothesis. This study is a normative legal research in which researchers conduct analysis to resolve disputes over ownership of double certificated land. The conclusion of this writing is that there are several ways for the Concept of Land Rights Ownership, including: (1) Laws and Regulations on Land Ownership and Registration, (2) Land Registration Reasons, and the (3) Land Rights Status. In this writing, there is also a Procedure for Solving the Proof of Land Rights that Occurs Due to Double Certificates, the process of which is divided into several settlement theories, namely there is a Free Proof Theory and a Bound Proof Theory.