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RESTRUCTURING PRE-TRIAL DETENTION IN INDONESIA: THE URGENCY OF JUDICIAL SCRUTINY AND HUMAN RIGHTS-BASED CORRECTIONAL REFORMS Prabowo, Taufik Tri
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 6 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i6.3466

Abstract

This study examines the shift in the meaning of pre-trial detention in Indonesia from an exceptional measure to a routine practice in the criminal justice system. Aggregate data from the last five years shows that more than 25% of detention facility occupants are pre-trial detainees, many of whom have never been legally tried. This phenomenon has triggered an overcrowding crisis, deteriorating the physical and mental conditions of detainees, and decreasing the quality of basic rights protection in the correctional system. This research uses mixed-methods methods, combining quantitative analysis based on aggregate data on detention, detention growth, and detention center capacity over the past five years, with qualitative analysis of policy documents, regulations, and penitentiary and human rights law literature. Primary data were obtained from national detention authorities, while secondary data were collected from DGC annual reports, government publications, and civil society organization studies and advocacy. Analysis was conducted through descriptive statistics to map trends and patterns of overcrowding, as well as through critical policy review to identify root causes and formulate reform solutions. The main findings highlight the absence of effective judicial scrutiny mechanisms as the root cause of subjectivity and abuse of power in pre-trial detention practices. Dualism in the management of detention facilities between the police, prosecution, and the Ministry of Immigration and Corrections exacerbates fragmentation of oversight, creates legal uncertainty, and weakens institutional accountability. In addition, weak pretrial mechanisms and the lack of alternatives to non-custodial detention further exacerbate the situation, so that pre-trial detention, which should be a last resort, has turned into a habit that jeopardizes the principles of justice, due process of law, and the protection of human rights. The study recommends the establishment of substantive and independent judicial scrutiny mechanisms, harmonization and centralization of detention facility management under the Ministry of Immigration and Corrections, strengthening access to justice and revitalizing habeas corpus, and expanding the use of non-custodial alternatives to detention. These reforms are expected to reorganize Indonesia's pre-trial detention system towards a more just, humane and accountable criminal justice system based on human rights
Reconstruction of the Correctional System within the Framework of Criminal Justice Prabowo, Taufik Tri; Sulaiman, Abudllah
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 4 No. 7 (2025): INJURITY: Journal of Interdisciplinary Studies
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v4i7.1450

Abstract

This study aims to analyze the reconstruction of the correctional system within Indonesia’s criminal justice framework following the enactment of Law Number 22 of 2022 on Corrections. The shift from Law Number 12 of 1995 to the new regulation marks a significant paradigm change in penal policy-from a narrow interpretation focused on imprisonment to a broader correctional approach that is more corrective, rehabilitative, and restorative. Employing a normative legal research method with conceptual and statutory approaches, this study explores the evolving roles, responsibilities, and positioning of corrections within the entire criminal justice process, from pre-adjudication to post-adjudication stages. The findings indicate that the previous construction of corrections as merely executing custodial sentences is outdated and no longer compatible with legal developments, social dynamics, or contemporary demands for human rights protection. Law No. 22 of 2022 expands the mandate of corrections as a penitentiary system integrated with other key regulations such as the Penal Code (KUHP), Criminal Procedure Code (KUHAP), and Juvenile Justice Law (UU SPPA). Consequently, a redefinition of the concept, structure, and function of corrections is required to ensure adaptability, institutional effectiveness, and alignment with modern penal paradigms. This study concludes that the reconstruction of Indonesia’s correctional system must be understood as a systemic transformation, not merely an administrative revision, to support a more humane, transformative, and nationally contextualized criminal justice system.
Rationality of Witchcraft Offense in The New Paradigm of Punishment in Indonesia Defry Yusdanial, Raden Fardiandra; Marnija, Marnija; Prabowo, Taufik Tri; Haikal, Ahmad; Herman, KMS
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6687

Abstract

This research examines the rationality of criminalizing the practice of witchcraft in the framework of Indonesian criminal law after the enactment of Law Number 1 of 2023 concerning the Criminal Code. This law expressly regulates criminal acts based on the recognition of magical powers associated with witchcraft. The offence of witchcraft in the new Criminal Code raises various controversies such as the potential vagueness of the norm, difficulty of proof, and implications for freedom of expression as well as the potential for arbitrary criminalization. Many have criticized the irrationality of regulating witchcraft, which is rooted in mystical beliefs, consciously drawn by the legislators into a rational legal framework. How can a practice that is considered irrational be regulated by law based on rationality and logic? Using normative juridical research method, this study unravels the witchcraft controversy in the new Criminal Code while explaining the legal framework and punishment policy contained in Article 252 of the Criminal Code. Through philosophical deepening and comparative studies, this study critically examines the aspects of norm coherence with the principle of legality, scientific proof efforts, as well as its effectiveness in dealing with social impacts. The purpose of this study is to analyze the rationale behind the establishment of Article 252 of the Criminal Code as an instrument to criminalize the practice of witchcraft. The results of this study conclude that Article 252 of the Criminal Code is a rational legal instrument. This article also reflects a paradigm shift in punishment that is not merely repressive, but educative and preventive so that the Indonesian criminal law system is able to respond to the irrational practice of witchcraft.
Quo Vadis Protection of Human Rights in Coercive Confiscation Efforts Prabowo, Taufik Tri; Saptomo, Ade
Cerdika: Jurnal Ilmiah Indonesia Vol. 4 No. 12 (2024): Cerdika: Jurnal Ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v4i12.2317

Abstract

The protection of human rights in the context of compulsory seizure efforts remains a topic of debate in legal practice in Indonesia. Seizures are often carried out without regard for fundamental individual rights, resulting in the potential for human rights violations, particularly concerning property rights and justice. This study aims to examine how human rights protections are implemented in the seizure procedures undertaken by law enforcement officials. The research method employed is normative juridical, utilizing an approach based on statutory regulations, case studies, and legal doctrine analysis. Data collected are qualitatively analyzed through literature reviews and eval_uations of relevant cases. The findings indicate that while there are regulations governing seizure procedures, their implementation often does not align with human rights principles. There is an urgent need for improvements in oversight mechanisms and accountability in the seizure process to prevent abuse of power. This research recommends reinforcing standard operating procedures that adhere to respect for human rights and stringent oversight in every seizure action.