Sahat Maruli Tua Situmeang
Universitas Komputer Indonesia, Indonesia

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The Effectiveness Of Pre-Trial Proceedings In Ensuring Control Mechanisms In The Investigation And Prosecution Process Musa Darwin Pane; Sahat Maruli Tua Situmeang; Diah Pudjiastuti; Nur Ezan Rahmat
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6981

Abstract

Pretrial in the Indonesian criminal justice system aims to test whether or not the determination of suspects, detention, and confiscation by law enforcement officials is valid. However, the effectiveness of pretrial is often questioned, especially because the decision of a single judge in several cases is considered to violate the human rights of suspects and does not provide optimal legal certainty. This study aims to evaluate the effectiveness of a single judge in pretrial and to find alternative legal reforms that better guarantee the protection of human rights in the investigation and investigation stages. This research uses normative juridical method with statutory approach and case study on controversial pretrial decisions. The results showed that single judges in pretrial often have limitations in assessing the substance of the case as a whole, so that the resulting decisions are not always fair and can harm the suspect. In addition, there is legal uncertainty due to different interpretations in the determination of suspects. As a recommendation, it is necessary to reform the criminal justice system by removing the pretrial mechanism and replacing it with direct examination by judges in the main trial. In addition, restorative justice mechanisms and plea bargaining systems, which have been implemented in several countries, can be adapted to improve the efficiency of case resolution without compromising the protection of human rights. These reforms should also be accompanied by improvements to investigation and prosecution mechanisms to ensure greater transparency and accountability at every stage of the law.
Contemporary Human Rights Safeguards in Islamic Law Justice: A Comparative Study in Indonesia, Saudi Arabia, and Egypt Sahat Maruli Tua Situmeang; Athari Farhani; Subagyo Sri Utomo; Musa Darwin Pane
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.13066

Abstract

This study examines the protection of human rights in the context of arrest, detention, and judicial remedies from the perspectives of Islamic law and contemporary legal systems through a comparative analysis of Indonesia, Saudi Arabia, and Egypt. Employing a normative legal research method, the study draws upon authoritative legal sources, including international human rights instruments such as the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights, as well as relevant national legislation in the three jurisdictions. The findings reveal distinct models in the integration of Islamic legal principles within state legal frameworks. Indonesia represents a constitutional democratic model with a relatively high degree of justiciability, reflected in robust judicial review mechanisms and stronger guarantees of due process. In contrast, Saudi Arabia embodies a centralized monarchical system, where judicial independence and oversight of administrative detention remain comparatively limited. Egypt, meanwhile, exhibits a hybrid model that combines civil law traditions with Islamic legal influences, resulting in a moderate level of judicial independence. Importantly, the study demonstrates that the alignment between core Islamic legal principles—such as justice (‘adl), the presumption of innocence, the prohibition of arbitrary detention, and access to legal remedies—and contemporary human rights standards is not merely normative; rather, it is operationalized through three key mechanisms: the contextual reinterpretation of fiqh, the codification of norms into national legislation, and the strengthening of judicial practices through rulings that uphold due process of law. This research contributes to the scholarly discourse by offering a comparative framework that bridges Islamic jurisprudence and modern human rights law, while also proposing practical pathways for legal harmonization. It recommends the systematic integration of Islamic legal values into contemporary human rights protection through adaptive reinterpretation, legislative reform, and the strengthening of judicial independence and institutional capacity.