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All Journal POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Lex Scientia Law Review
Lalu Muhammad Hayyanul Haq
Faculty of Law, Universitas Mataram
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Transformation and Effects of Human Rights Protection on Determining Corruption Suspects as a Pretrial Object under the Indonesian Criminal Justice System Eny Suastuti; Lalu Muhammad Hayyanul Haq; Yudi Widagdo Harimurti; Deni Setya Bagus Yuherawan
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.v8i2.14667

Abstract

This study explores the transformation of human rights understanding and legal enforcement within the Indonesian criminal justice system, focusing on expanding the scope of pre-trial elements. The debate centers around balancing citizens' rights to protection with the public’s demand for legal certainty under the Indonesian Criminal Code (KUHP). This research presents a coherent approach to address this dilemma, aiming to establish legal certainty and justice in line with Article 28 of Indonesia’s 1945 Constitution. The central legal issue is the lack of clarity and certainty in the determination of suspects, particularly in corruption cases, due to legal gaps in the Indonesian Criminal Procedure Code (KUHAP). This uncertainty prevents victim compensation and rehabilitation, making it impossible for victims to seek legal redress. The study argues for a review of Law No. 8 of 1981 to strengthen victim protection in such cases. Findings reveal the crucial role of human rights in reforming pre-trial procedures, notably the inclusion of suspect determination as a pre-trial element under Constitutional Court Decision No. 21/PUU-XII/2014. This shift ensures that suspects’ rights are safeguarded, especially in corruption cases, aligning with Indonesia's obligation to uphold human rights and minimize unjust detentions. The study’s contribution extends to both national and global contexts, offering insights into the importance of legal reforms that safeguard human rights while ensuring justice and legal certainty. It recommends that the government implement legal measures to provide compensation and rehabilitation for victims of wrongful corruption suspect determinations.
LEGAL VALIDITY OF NOTARIAL DEEDS SIGNED WITH ELECTRONIC SIGNATURE: (Comparative Study between Indonesian Law and Australian Law) Wanda Fabiola Emeralda Girsang; Kurniawan Kurniawan; Lalu Muhammad Hayyanul Haq
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.927

Abstract

Currently, the profession of Notary holds significant importance in the economic landscape of Indonesia. However, there is a lack of legislation that enables Notaries to execute their duties by creating electronically signable deeds. In Indonesia, an authentic deed prepared by a Notary necessitates physical presence and cannot be executed electronically. This research seeks to identify the legal validity of notarial deeds signed with Electronic Signatures, particularly in Indonesia and New South Wales, Australia. The study aims to understand the regulatory frameworks, examine the nature of Electronic Signatures, and evaluate the implications for contract law in both jurisdictions. Utilizing a Normative Research approach, this study employs the Statute, Conceptual, and Comparative Approaches. Primary legal materials include relevant Indonesian and Australian laws, while secondary and tertiary legal materials provide additional context. A literature review involving books, e-journals, and internet sources contributes to the analysis. The research reveals a gap in explicit regulations governing electronically signed deeds in both Australia and Indonesia. Despite practical application in public contracts, especially in business collaborations, concerns about vulnerability to forgery persist. The absence of clear regulations necessitates a physical appearance before a notary for authentic deeds. The study concludes that regulatory models addressing protection, implementation, and supervision of electronically signed deeds should be explored collaboratively by the Government and the House of Representatives in Indonesia.
Co-Authors Deni Setya Bagus Yuherawan Eny Suastuti Kurniawan Kurniawan Wanda Fabiola Emeralda Girsang Yudi Widagdo Harimurti