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All Journal Law Development Journal Jurnal Greenation Sosial dan Politik
Attidhira, Safira Widya
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Reformulation of Expert Qualifications in the Indonesian Criminal Justice System (A Comparative Study between Indonesia, the United States, the United Kingdom, and Australia) Attidhira, Safira Widya
Law Development Journal Vol 6, No 1 (2024): March 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.1.53-63

Abstract

This research aims to compare the regulations regarding experts in advanced countries such as the United States, the United Kingdom, and Australia, to then be used as examples for reformulating expert standardization in Indonesia. This study employs a normative juridical method using secondary data consisting of primary legal materials related to experts and secondary legal materials, such as international journals and books. The approach used in this research includes conceptual, legislative, and comparative approaches with other countries. The results of the study show that the United Kingdom has Civil Procedure Rules that extensively regulate the rights and obligations of experts, while the United States has the Federal Rules of Evidence, which also specifically regulate the qualification standards for experts. In Australia, regulations related to experts have been established in the Evidence Act 1995 and Federal Court Rules 2011, which often discuss the code of conduct for experts in court. This research concludes that Indonesia needs to adopt more detailed regulations regarding experts in the criminal justice system, starting with the creation of a code of conduct containing requirements to become an expert, the rights and obligations of experts, and the mechanism for the process of providing expert witness testimony. However, it is not sufficient to stop there; there must be encouragement from the authorities to ensure that this code of conduct is read and understood by prospective experts. Additionally, there should be standards for qualifications, experience, and the mechanism for providing testimony due to the lack of credibility and reliability of an expert presented in court.
Fighting State Negligence: Class Action Lawsuits as an Instrument of Justice for Flood Victims (An Analysis of the Banjarmasin State Administrative Court Decision and its Relevance for West Java Flash Floods 2025) Attidhira, Safira Widya; Suparno
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.388

Abstract

Class action lawsuits have become an important instrument in fighting for justice for victims of natural disasters in Indonesia, as seen in the 2021 South Kalimantan flash flood case. This study analyzes the effectiveness of class action lawsuits as a corrective justice mechanism under Law No. 24 of 2007 on Disaster Management by examining the Banjarmasin State Administrative Court Decision No. 6/PEN-HS/2021/1/PTUN.BJM and its relevance to the West Java 2025 flash flood. Through a juridical-normative approach with document analysis of court decisions, the research shows that although the lawsuit required significant resource mobilization and was unsuccessful in obtaining material compensation that should have been the right of victims according to Article 26 letter (d) of Law No. 24 of 2007, it proved effective in forcing disaster management policy reform. The South Kalimantan case led to the procurement of an early warning system worth IDR771.5 million and supporting infrastructure worth IDR2.2 billion. Comparative analysis identified similar patterns of institutional negligence in both disasters: unpreparedness of early warning systems, slow emergency response, and neglect of the impact of environmental damage due to land conversion. This research confirms that despite evidentiary challenges and bureaucratic resistance, class action lawsuits remain a vital instrument in promoting government accountability and structural reform in disaster management as mandated by Law No. 24/2007.
Co-Authors Suparno