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Legal Policy of Pretrial Arrangements in Criminal Procedure Law in Indonesia by the Constitutional Court Daswanto, Daswanto
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 3 No. 11 (2024): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v3i11.1309

Abstract

This research examines the legal policy direction of pretrial arrangements in Indonesia's criminal procedure law, focusing on Constitutional Court Decisions Number 21/PUU-XII/2014, 102/PUU-XIII/2015, and 66/PUU-XVI/2018. These decisions have significantly shaped the evolution of pretrial provisions, ensuring alignment with constitutional principles of justice, legal certainty, human rights protection, and simple, fast, low-cost justice. Through normative legal research employing statutory, conceptual, and case-based approaches, the study analyzes how the Constitutional Court's rulings address ambiguities in existing norms, enhance judicial oversight, and strengthen the protection of suspects' rights. Findings indicate that the Constitutional Court’s decisions aim to refine pretrial norms by expanding judicial authority, clarifying procedural ambiguities, and balancing human rights protection with efficient judicial processes. The research underscores the role of legal politics in harmonizing criminal procedural law with evolving societal and legal demands, offering insights for further reforms to uphold justice and human dignity. Future research could explore comparative analyses, implementation challenges, and the integration of digital technologies to enhance the efficiency and equity of pretrial systems.
Authority of the Ministry of Environment in the Investigation of Money Laundering from Environmental Crimes Daswanto, Daswanto; Manthovani, Reda; Ali, Hatta; Tarson, Eddie; Abdurahmonov, Farhod
Journal of Law, Environmental and Justice Vol. 3 No. 2 (2025): Journal of Law, Environmental and Justice
Publisher : Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v3i2.134

Abstract

This study aims to clarify the jurisdiction of Civil Servant Investigators (hereinafter referred to as PPNS) at the Ministry of Environment in the investigation of money laundering offenses related to environmental crimes. The author initially delineates the power of PPNS inside the Indonesian criminal justice system to provide a complete description. This research constitutes a normative legal analysis. The study's findings demonstrate that the Ministry of Environment has the jurisdiction to investigate money laundering offenses stemming from environmental crimes, particularly following the issuance of Constitutional Court Decision No. 15/PUU-XIX/2021. This decision broadens the investigative authority regarding money laundering, unifies disparate sectoral regulations, and establishes a legitimate legal framework for PPNS, especially within the Ministry of Environment and Forestry, to function as investigative entities in the national strategy against money laundering linked to environmental crimes. The Constitutional Court Decision No. 15/PUU-XIX/2021 significantly alters the framework of investigative authority concerning money laundering offences derived from environmental crimes, by conferring constitutional validity upon PPNS at the Ministry of Environment and Forestry to directly investigate money laundering as a subsequent offence to environmental crimes.