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All Journal Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Konsensus: Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Mang Tra Himam Idayat
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Environmental Science Social Sciences

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Pertentangan yang Terjadi dalam Kasus Pemidanaan Hukuman Pidana Mati dan Hak Asasi Manusia di Indonesia Mang Tra Himam Idayat
Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Vol. 2 No. 3 (2025): Juni : KONSENSUS : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konsensus.v2i3.1008

Abstract

The death penalty is one of the means of protecting society and the state in the form of prevention and action. Indonesia is one of the countries that still maintains and recognizes the legitimacy of the death penalty as a punishment for perpetrators of criminal acts. The death penalty is closely related to human rights because the death penalty is the most severe punishment because perpetrators of criminal acts will lose the right to life which is a priceless right. Therefore, there is a conflict between the imposition of the death penalty on perpetrators of criminal acts and human rights. This paper aims to determine the provisions regarding the death penalty and the protection of human rights. The type of research taken in this study is normative legal research that contains relevant issues. Normative legal research is research that is conducted by reviewing applicable laws and regulations or applying them to legal problems. Several laws and regulations in Indonesia still maintain the threat of the death penalty, although the death penalty has been criticized by human rights activists. Therefore, there is a compromise (criminal policy) in the Criminal Code, namely using the death penalty as an alternative punishment rather than the main punishment and only applies to very serious crimes.
Analisis Yuridis Asas Praduga Tidak Bersalah Pada Sistem Peradilan Pidana Dalam Perspektif Hak Asasi Manusia Mang Tra Himam Idayat
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 4 (2025): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i4.6435

Abstract

The presumption of innocence is a fundamental principle in the criminal justice system that serves to protect the rights of the accused from the risk of unfair punishment. This principle states that a person is presumed innocent until proven legally and convincingly guilty of committing a crime before a court. This research uses an empirical juridical method, namely a legal approach that examines how positive law, especially unwritten law, is applied in society. In this context, the research highlights the implementation of the presumption of innocence in criminal justice practices in Indonesia. The application of the presumption of innocence is very important for the judicial process to run fairly, directed, and achieve the main objectives of criminal justice, namely upholding justice, legal certainty, and legal order. The relationship between this principle and human rights is very close, because with this principle, suspects and defendants are guaranteed to obtain legal protection during the legal process. Rights such as not being treated as guilty before a court decision, the right to defense, and the right to humane treatment are part of this principle. Enforcing the presumption of innocence is not only the responsibility of law enforcement officers such as the police, prosecutors, and judges, but also all elements of society. Therefore, it is crucial for every citizen to understand and respect this principle in their social lives, especially in responding to ongoing legal cases. As a concrete implementation, law enforcement must implement policies that protect the public and maintain a sense of security, for example by increasing surveillance in crime-prone areas. This way, the law can be enforced fairly, and public trust in the criminal justice system will increase. The presumption of innocence is a crucial foundation for the creation of humane and fair trials in Indonesia.
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