Syahird, Ahmad
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Judicial Control over Prolonged Criminal Investigations: Pretrial Remedies in the Light of Progressive Law Alqadri Syarif, Andi Muhammad; Syahird, Ahmad; Angraeni, Besse Sari
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1547

Abstract

The absence of a clear time limit for criminal investigations under the Indonesian Criminal Procedure Code (KUHAP) has frequently resulted in protracted investigations, effectively keeping individuals in a state of perpetual suspecthood. Textually, Article 77 of KUHAP limits the scope of pretrial review (praperadilan) to a closed list, without explicitly including investigation delays as a reviewable matter. This limitation generates legal uncertainty for suspects and impedes the protection of fundamental human rights guaranteed in criminal proceedings. This study examines the urgency of expanding the scope of pretrial review to encompass unduly prolonged investigations. Using a qualitative method with a normative-juridical approach, it analyzes primary, secondary, and tertiary legal materials to identify legal gaps and propose normative solutions. The findings indicate that investigations prolonged without reasonable justification violate human rights and undermine the principles of prompt, simple, and low-cost justice. From a progressive law perspective, pretrial applications challenging undue delay should be admissible to prevent abuse of authority by investigators. Consequently, unreasonably prolonged investigations lacking active and genuine investigative measures should be construed as a form of material termination of investigation. The study recommends that pretrial judges apply progressive legal reasoning (rechtsvinding) to accept such applications, thereby ensuring legal certainty and restoring the rights of suspects affected by defective judicial administration
Restorative Approach Resolution Mecanism For Victims of Crimes Committed by Children Yedi Kusnadi; Syahird, Ahmad; Fatihani Baso
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 2 (2025): Volume 12 Nomor 2 Desember 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i2.61484

Abstract

This thesis research aims to analyze the compensation mechanism in the SPPA Law through a restorative justice approach in the Juvenile Criminal Justice System, as well as to analyze the application of compensation in restorative justice in the Juvenile Criminal Justice System. This research is normative empirical research in conducting research, the author conducts field research by choosing the research location of Pinrang Police, Pinrang District Attorney. The results showed that 1) Restorative justice or justice or deliberation-based justice is a process of Diversion, where all parties involved in a criminal offense must jointly overcome problems and create an obligation to make things better by involving victims, children, and the community in finding a solution to repair, reconciliation, and reassurance that is not based on retaliation. The criminal justice process carried out by law enforcement officials if the child offender is proven guilty, ideally and should be sentenced to return to parents. Efforts to implement the law's order that imprisonment of children is the last resort (ultimum remedium) should also be in line with the understanding that the best decision is the action to return the child offender to his parents to be educated and fostered properly. 2) The application of restitution through restorative justice in the Juvenile Justice System is determined by the agreement of the parties to achieve peace. After compensation is paid, the criminal case committed by the child is truly declared over, as evidenced by a certificate signed by the parties. In the process of deliberation or mediation on behalf of witnesses or relatives, but in its implementation there are often obstacles due to law enforcement factors and community factors. For this reason, it is necessary to have specific legal arrangements in the legislation regarding the amount of compensation that is the obligation of children as perpetrators of criminal acts against victims by adjusting the hierarchy of punishment imposed in order to ensure legal certainty.