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All Journal Awang Long Law Review MILRev: Metro Islamic Law Review
JUANRICO ALFAROMONA SUMAREZS TITAHELU
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL EFFORTS OF SPECIAL DETACHMENT 88 ANTI-TERROR INVESTIGATORS, POLICE OF THE REPUBLIC OF INDONESIA AFTER THE DECISION OF THE CONSTITUTIONAL COURT NUMBER 130/PUU-XIII/2015 JUANRICO ALFAROMONA SUMAREZS TITAHELU
Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (299.757 KB) | DOI: 10.56301/awl.v3i2.253

Abstract

A process of investigating the existence of a criminal act, especially a criminal act of terrorism, of course, the investigators of Special Detachment (Densus) 88 Anti-Terror Police will seek and collect preliminary evidence based on the provisions, namely at least two pieces of evidence and if all have been collected, the next process is conducting an investigation. Prior to entering into the investigation process, investigators are required to issue a notification letter for conducting an investigation (Surat Pemberitahuan Dilaksanakan Penyidikan/SPDP) to the Prosecutor's Office and the families of suspected terrorists. Prior to the Decision of the Constitutional Court of the Republic of Indonesia Number 130/PUU/XIII/2015, investigators were given 21 days but after this decision was issued and enforced, investigators were only given 7 days to issue the SPDP. So that this becomes an obstacle in terms of collecting preliminary evidence by Investigators of the Anti-Terror Detachment 88 Police because our country has many islands separated by the sea and the geographical conditions of an area that are different from other regions, so inevitably investigators must coordinate with other parties. The Prosecutor's Office is related to this matter, but sometimes the Prosecutor still adheres to the decision of the Indonesian Constitutional Court. So the problem that arises is what legal action was taken by the Investigators of the Anti-Terror Detachment 88 of the Police in issuing the SPDP after the Decision of the Constitutional Court of the Republic of Indonesia Number 130/PUU/XII/2015. The results of the research show that legal efforts in the form of making a cooperation agreement between the Attorney General and the National Police Chief, and revising the Decree of the Head of the Special Detachment 88 Anti-Terror Number: Kep/11/IV/2018, can be an effective solution for the investigators of Densus 88 Anti-Terror Polri to implement the Decision of the Constitutional Court of the Republic of Indonesia No. 130/PUU-XIII/2015.
Reassessing Islamic Banking Supervision in Indonesia: A Contemporary Islamic and Socio-Legal Perspective on OJK’s Integrated Model Hasan; Teng Berlianty; Merry Tjoanda; Juanrico Alfaromona Sumarezs Titahelu; Mualimin Mochammad Sahid
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i1.10851

Abstract

This article reassesses the effectiveness of the Financial Services Authority’s (OJK) integrated and independent supervisory model in overseeing Islamic banking in Indonesia. At the same time, the model has improved coordination and regulatory efficiency across the financial sector and aligned with Islamic legal principles. Using a normative legal approach supported by socio-legal analysis, the study evaluates how far OJK’s supervisory framework reflects key Islamic values. It draws on statutory regulations, fatwas issued by DSN-MUI, and international standards from institutions like the Basel Committee and the IFSB while incorporating comparative insights from countries like the UK and Germany. The study finds that although OJK’s model is risk-based and structurally sound, it tends to focus more on technical compliance than Sharia's substantive objectives. Key challenges include the limited integration of DSN-MUI fatwas into binding regulatory processes, weak collaboration between OJK and Sharia supervisory boards, and the lack of performance indicators that reflect Sharia values in bank evaluations. Furthermore, global regulatory benchmarks have not been fully adapted to the distinct characteristics of Islamic financial contracts and Sharia-based governance. This article contributes academically by offering a more holistic perspective on financial supervision that bridges positive law and Islamic normative ethics. It recommends strengthening institutional synergy, embedding Sharia objectives into regulatory metrics, and adopting a more responsive, community-grounded supervisory approach. Through these efforts, Indonesia’s Islamic banking sector can become more sustainable, credible, and aligned with national interests and Islamic legal ideals.
Co-Authors Hasan Merry Tjoanda Mualimin Mochammad Sahid Teng Berlianty