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All Journal LEGAL BRIEF HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan
Angraeni, Besse Sari
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Law, Crime, Criminology & Criminal Justice

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PERLINDUNGAN HUKUM TERHADAP PEMEGANG SERTIFIKAT GANDA HAK MILIK ATAS TANAH DI INDONESIA Satriani, satriani; Angraeni, Besse Sari
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 4 No. 1 (2025): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v4i1.1875

Abstract

Duplicate land certificates remain a significant issue as they frequently lead to land disputes that result in both material and immaterial losses for legitimate landowners. This study aims to examine the forms of legal protection available to owners affected by duplicate certificates. Using a normative legal research method, the study employs statutory and conceptual approaches supported by library research, and the findings are analyzed qualitatively. The results indicate that preventive legal protection involves several key measures, including Complete Systematic Land Registration (PTSL), land administration digitalization, strengthened internal supervision, capacity building for human resources, public education and socialization, and enhanced inter-agency coordination. In contrast, repressive legal protection focuses on dispute resolution through judicial processes, mediation, cancellation of duplicate certificates by the National Land Agency, compensation, and the enforcement of criminal sanctions when necessary. This research contributes theoretically to the discourse on legal protection within land administration, particularly in emphasizing the importance of the precautionary principle in certificate issuance. It also provides broader insights into how preventive and repressive legal mechanisms can effectively mitigate and resolve the ongoing challenges associated with duplicate land certificates.
Judicial Control over Prolonged Criminal Investigations: Pretrial Remedies in the Light of Progressive Law Alqadri Syarif, Andi Muhammad; Syahird, Ahmad; Angraeni, Besse Sari
LEGAL BRIEF Vol. 14 No. 6 (2026): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1547

Abstract

The absence of a clear time limit for criminal investigations under the Indonesian Criminal Procedure Code (KUHAP) has frequently resulted in protracted investigations, effectively keeping individuals in a state of perpetual suspecthood. Textually, Article 77 of KUHAP limits the scope of pretrial review (praperadilan) to a closed list, without explicitly including investigation delays as a reviewable matter. This limitation generates legal uncertainty for suspects and impedes the protection of fundamental human rights guaranteed in criminal proceedings. This study examines the urgency of expanding the scope of pretrial review to encompass unduly prolonged investigations. Using a qualitative method with a normative-juridical approach, it analyzes primary, secondary, and tertiary legal materials to identify legal gaps and propose normative solutions. The findings indicate that investigations prolonged without reasonable justification violate human rights and undermine the principles of prompt, simple, and low-cost justice. From a progressive law perspective, pretrial applications challenging undue delay should be admissible to prevent abuse of authority by investigators. Consequently, unreasonably prolonged investigations lacking active and genuine investigative measures should be construed as a form of material termination of investigation. The study recommends that pretrial judges apply progressive legal reasoning (rechtsvinding) to accept such applications, thereby ensuring legal certainty and restoring the rights of suspects affected by defective judicial administration
Co-Authors Alqadri Syarif, Andi Muhammad Satriani Satriani Syahird, Ahmad