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All Journal Indonesian Journal of Criminal Law Studies Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Ridwan Arifin
Faculty of Law, Universitat de Barcelona
Law, Crime, Criminology & Criminal Justice

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Reconstructing the Legal Understanding of the Presumption of Innocence in Criminal Justice to Achieve Justice Heri Purwanto; Pujiyono; Irma Cahyaningtyas; Ridwan Arifin; Muhammad Azil Maskur
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.32033

Abstract

The presumption of innocence (APTB) is a well-known principle that guarantees human rights. This principle is also used in criminal law to protect suspected criminals. The problem is that law enforcement officials do not fully understand this principle in criminal proceedings, as they tend to believe that the presumption of guilt applies to suspected criminals. Law enforcement officials believe that the judicial process cannot proceed if the presumption of guilt principle is not applied. However, the APTB is not the opposite of the presumption of guilt principle; rather, it is a principle that can bring balance to the criminal justice process by prioritizing legal protection for those seeking justice to prevent them from facing arbitrary actions by law enforcement officials. This method employs normative research, prioritising the analysis of secondary data/literature supported by other literature and cases drawn from internet sources. The findings of this study explain that law enforcement officials' understanding of APTB is crucial in the criminal justice process as a form of legal protection for those seeking justice. Applying the principle must be supported by clearly incorporating APTB into the provisions of the Criminal Procedure Code (KUHAP) for the future. Currently, APTB is not regulated in the provisions of the KUHAP, so in the future, when the principle is regulated, law enforcement officials in the criminal justice process will have a strong basis for not disregarding the presumption of innocence principle.
Pulling at Both Ends of the String: The Political and Legal Tug in Refugee and Migration Policy in Indonesia Fakhrirafi Zharfan; Ristina Yudhanti; Dewi Sulistianingsih; Achmad Fahmi Zulfikar; Ngboawaji Daniel Nte; Adnan Ibrahim Sarhan; Ridwan Arifin
Unnes Law Journal Vol. 11 No. 2 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i2.15543

Abstract

This paper analyzes the complex and often contradictory dynamics of refugee and migration policy in Indonesia, framed within the political and legal tug-of-war that shapes human rights protections. As one of Southeast Asia’s key transit and destination countries for refugees and migrants, Indonesia's policy approaches are influenced by both international obligations and domestic political considerations. Despite being a signatory to the 1951 Refugee Convention, Indonesia has not adopted comprehensive national legislation to protect refugees, leaving a gap in the legal framework that often results in ad-hoc, inconsistent practices. This study critically examines the tension between political interests—such as national sovereignty, security concerns, and public opinion—and the legal obligations tied to human rights protections under international law. The research analyzes the roles of domestic political actors, including the government, lawmakers, and civil society, in shaping policies related to refugees and migrants. It also explores the legal frameworks that both constrain and enable state actions regarding asylum seekers, detention, and deportation. Through a review of recent case studies and policy shifts, this paper highlights the challenges of balancing humanitarian obligations with domestic priorities. The analysis underscores the need for a more coherent and rights-based approach to migration and refugee policy in Indonesia, suggesting that the existing legal and political landscape often pulls in opposite directions, undermining effective protection for vulnerable populations. Ultimately, this study contributes to the ongoing discourse on global migration governance, offering insights into how national policies can evolve to better protect refugees while navigating political realities.
Co-Authors Achmad Fahmi Zulfikar Adnan Ibrahim Sarhan Dewi Sulistianingsih Fakhrirafi Zharfan Heri Purwanto Irma Cahyaningtyas Muhammad Azil Maskur Ngboawaji Daniel Nte Pujiyono Ristina Yudhanti