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All Journal Eduvest - Journal of Universal Studies Acten Journal Law Review
Ghufron, Nurul
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Aerospace Engineering Humanities Computer Science & IT Health Professions Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences

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Position of Perma No. 1 of 2013 in the Indonesian Criminal Justice System Hartono, Danang Tri; Azizah, Ainul; Ghufron, Nurul
Eduvest - Journal of Universal Studies Vol. 5 No. 5 (2025): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v5i5.51281

Abstract

This study examines the position of Perma No. 1 of 2013 within the Indonesian criminal justice system, focusing on its role in asset forfeiture for crimes where suspects remain at large. The research highlights the conflict between Article 79 Paragraph (1) of Law No. 8 of 2010 (Money Laundering Law), which permits in absentia trials, and the Criminal Procedure Code (KUHAP), which mandates defendant presence. Utilizing a normative juridical approach, the study analyzes legal frameworks, including the Anti-Corruption Law and Perma No. 1 of 2013, to evaluate mechanisms for confiscating assets from fugitive suspects. Findings reveal that while Perma No. 1 of 2013 provides a procedural basis for in rem forfeiture, its implementation faces challenges, particularly regarding assets outside formal accounts. The study concludes that harmonizing legal provisions and enhancing law enforcement awareness are critical to optimizing asset recovery and upholding legal certainty in Indonesia’s criminal justice system.
Perkembangan Dan Karakteristik Bukti Petunjuk: Dalam Rangka Menyongsong Rancangan Kitab Undang-Undang Hukum Acara Pidana Nugroho, Fiska Maulidian; Ghufron, Nurul
Acten Journal Law Review Vol. 2 No. 1: Apr 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i1.26

Abstract

he Indonesian Criminal Procedure Code (KUHAP) has established five types of evidence. However, of the five types, there is clue evidence as a type of evidence that belongs to the second degree and is indirect evidence, namely evidence that does not stand alone or indirect evidence that explains a fact in a criminal event. This clue evidence is only owned by the judge and the application of this evidence is authoritative under the subjectivity of a wise judge. The application of clue evidence is guided by Article 188 of the Criminal Procedure Code and if analysed through the characteristics of evidence, there is a problem, namely how clue evidence can be declared as clue evidence when viewed from the characteristics of criminal law evidence. Furthermore, how the Draft Criminal Procedure Code in the future on the validity of evidence of clues that are not reformulated, and replaced with evidence of the judge's own observations. The results of this study found that towards the characteristics of criminal evidentiary law on clue evidence, the evidence should be acceptable, relevant, and legally obtained. However, some incidents of the application of clue evidence show an impression that deviates from the principle of lex certa, namely the principle of clarity, especially in the application by judges. Therefore, there is a need for an evaluative activity towards clue evidence so that it does not become a norm in the Draft Criminal Procedure Code and is more appropriately replaced with evidence of judge's observation. The term judge observation is more appropriate, because this evidence is based on the idea of balance and the purpose of the law of evidence. Throughout this research, this study uses a doctrinal legal research method through a statutory approach and conceptual approach, as well as using a study of the jurisprudence of the Dutch Court and Court Decisions in Indonesia, as well as the doctrines of legal experts. Keywords : Evidence, Clues, Judge's Perception.
Co-Authors Ainul Azizah Hartono, Danang Tri Nugroho, Fiska Maulidian