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All Journal JHR (Jurnal Hukum Replik) Lex Scientia Law Review
Benny Sumardiana
Faculty of Law, Universitas Diponegoro
Law, Crime, Criminology & Criminal Justice

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Reforming Justice: Unpacking the Pre-Judication and Post-Judicate Dynamics of the Sarpin Case in Law and Practice in Indonesia Benny Sumardiana; Pujiyono Pujiyono; Irma Cahyaningtyas
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.10744

Abstract

This paper critically examines the Sarpin case within the context of Indonesia's criminal justice system, focusing on the legal reformation of pretrial procedures and their impact on the protection of suspects' human rights. Indonesia's criminal justice system adheres to the principle of presumption of innocence, which underscores the importance of safeguarding individual rights throughout the legal process. The introduction of the pretrial institution under the Criminal Procedure Code (KUHAP) has introduced significant shifts in judicial practices, particularly in evaluating coercive measures such as arrest, detention, and the termination of investigations. This research addresses three key questions: first, how pretrial procedures are regulated from the perspective of criminal law; second, how the reform of pretrial practices has been influenced by Judge Sarpin's landmark decision; and third, the broader implications of his ruling on the protection of human rights within the Indonesian criminal process. The paper utilizes a normative research method, analyzing relevant statutes and legal concepts through a statutory approach. In the Sarpin case, Judge Sarpin ruled that the investigation warrant used to initiate proceedings against Budi Gunawan was invalid, highlighting a critical legal interpretation of pretrial powers. This ruling not only questioned the procedural foundation of the case but also demonstrated the significant role of pretrial in defending the rights of suspects. Article 77 of KUHAP grants district courts the authority to examine the legality of coercive actions, providing a vital safeguard against potential abuses. The paper evaluates how Judge Sarpin's decision has reshaped legal practices in Indonesia, emphasizing its potential to reform both judicial attitudes and the protection of fundamental rights.
Enhancing Investigators’ Confidence in Crime Evidence Through Case Presentation and Reconstruction Techniques in Indonesia Qaulan Sadida; Benny Sumardiana; Rohmat Rohmat; David Chuah Cee Wei
Jurnal Hukum Replik Vol 13 No 2 (2025): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i2.15860

Abstract

This research examines the crucial role of case presentation and reconstruction techniques in enhancing investigators' confidence in crime evidence. Given the complexities of modern criminal investigations, the clarity and precision of case titles are essential for effective communication and collaboration among law enforcement agencies. This study emphasizes the urgency of establishing standardized practices that improve the reliability of evidence interpretation, particularly in intricate cases where ambiguity can obstruct justice. This research contributed to the introduction of a systematic framework for developing case presentation that encapsulate key aspects of evidence and provide necessary contextual information. Furthermore, the study investigates advanced reconstruction techniques that visualize crime scenes and elucidate relationships among pieces of evidence, thereby facilitating a more comprehensive understanding of the case at hand. By integrating these components, investigators can make more informed decisions, ultimately enhancing the overall effectiveness of the investigative process. The implications of increased investigator confidence on case outcomes are also addressed, as such confidence can lead to more accurate conclusions, improved prosecution rates, and a heightened sense of justice for victims. The findings advocate for the incorporation of these innovative strategies within law enforcement training programs, aiming to address deficiencies in evidence assessment and foster a culture of precision and clarity in criminal investigations. By prioritizing the integration of effective case titles and reconstruction methodologies, this research seeks to advance the field of criminal justice and support the pursuit of truth in legal proceedings.
Co-Authors David Chuah Cee Wei Irma Cahyaningtyas Pujiyono Pujiyono Qaulan Sadida Rohmat Rohmat