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Kiki Amalia
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Jalan Kalimantan No 4 RT 004 RW 001 Kelurahan Kampung Kelawi, Kecamatan Sungai Serut, Kota Bengkulu, Provinsi Bengkulu
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INDONESIA
JURNAL RUANG HUKUM
Published by Gayaku Publisher
ISSN : -     EISSN : 29630479     DOI : https://doi.org/10.58222/juruh.v2i2.483
JURNAL RUANG HUKUM merupakan jurnal ilmiah yang berisikan gagasan dan pengetahuan hukum yang berasal dari akademisi, peneliti dan praktisi dibidang hukum, atas fenomena hukum yang jamak terjadi di masyarakat. fenomana hukum yang tercipta dari proses pembentukan undang-undang hingga proses pelaksanaan undang-undang tersebut. JURNAL RUANG HUKUM terbit sebanyak 2 (dua) kali dalam 1 (satu) tahun yaitu (Januari-Juni dan Juli-Desember). Artikel yang masuk akan dinilai oleh peer-reviewer, dan jika dipandang layak akan diterbitkan, JURNAL RUANG HUKUM menerima artikel dari Ilmuwan, baik dalam maupun luar negeri yang fokus dengan kajian tersebut dapat berkontribusi dan mengkomunikasikan hasil penelitiannya dalam jurnal ini. Ruang lingkup Jurnal Ruang Hukum adalah: A. Hukum 1. hukum perdata, 2. hukum pidana, 3. hukum administrasi, 4. hukum militer, 5. hukum konstitusional, 6. hukum internasional. B. Yudikatif: 1. manajemen kasus pengadilan 2. manajemen peradilan. C. Kriminologi dan Hukum: D. Victimology dan Hukum E. Forensik dan Hukum
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
Search results for , issue "Vol. 1 No. 1 (2022): Januari-Juni" : 5 Documents clear
Efforts To Protect The Rights Of Suspects Through The Pre-Trial Process In Examinations At The Investigative Level Muhidin, Muhidin; Puji Rahayu, Anjani; Fatmawati, Ina; Putri, Machelinda; Rifa'atul Lailiah, Melly; Fatmawati, Sri
JURNAL RUANG HUKUM Vol. 1 No. 1 (2022): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v1i1.243

Abstract

Coercive action by the competent authorities in investigations and prosecutions can be controlled by the courts. The purpose of establishing this facility is so that the rights of suspects can be protected, especially in relation to illegal arrests and detentions as well as termination of investigations and prosecutions. Even though the facility is regulated positively (Article 82 paragraph (1) letter d), in practice there are still deficiencies in its preparation and application in court, so that the human rights of suspects are not protected. This study discusses how pretrial authority protects the rights of suspects in Decision 99/Pid.Pra/2022/PN JKT.SEL and pretrial objectives at the investigative level, what is the role of pretrial as an effort to protect the rights of suspects and pretrial objectives at the investigative level. Therefore the purpose of this study is to determine pretrial authority in an effort to protect the rights of suspects for pretrial purposes at the level of investigation. The purpose of this study is to answer through the application of legal-philosophical methods and library research through theoretical research with legal theory and its relation to law enforcement prosecution in the judiciary. The results of the research prove that power and other powers continue to influence the institutional legal system whose independence is guaranteed by law and justice, especially the influence of pretrial authority on efforts to protect suspects' rights at the pretrial level and objectives at the investigative level. Also the role of the court as a procedural authority is therefore not completely independent. The main task of the judiciary remains to promote peace and justice. Therefore, to instill a sense of peace among justice seekers, it is necessary to strengthen the legal system, which is the last haven for justice seekers.
Implementation Of Pretrial In Indonesia's Positive Legal Spatial As A Strengthening Of The Integrity Of The Criminal Justice System Nurul Azmi, A.; Nurtresna, Robby; Agustin, Mela
JURNAL RUANG HUKUM Vol. 1 No. 1 (2022): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v1i1.244

Abstract

KUHAP explicitly explains that the process of implementing the law is part of the core instruments of law enforcement, such as the police apparatus, prosecutors and judiciary. A new step for procedural law, namely pre-trial in the Criminal Procedure Code, which is an innovation in Indonesian positive law. The trial at the first level is an innovation (new institution) of the KUHAP. Pretrial as one of the jurisdictions of the court horizontally or the application of coercive measures by the Police and the Attorney General's Office. The Constitutional Court (MK) in its decision Number 21/PUU-XII/2014 has determined a new pretrial object, namely the legal or illegal determination of the suspect, confiscation and search. The research method aims to explain how research is conducted to obtain maximum results. In this study, the authors used normative and empirical legal research methods. In Indonesia, the judiciary was born from the spirit of wanting to adopt the habeas corpus concept into the Criminal Procedure Code (KUHAP). This concept is presented to verify and test the coercive actions of law enforcement officials, both in the form of arrests and detentions. This is because these actions violate individual rights and freedoms. Therefore, a trial court process is necessary. Pretrial as a horizontal legal system between law enforcement officers. That the District Court has the authority to consider and decide according to the provisions stipulated by law. The main pretrial request according to Indonesian positive law has been poured into the Criminal Procedure Code in Article 1 number 10 in conjunction with Article 70. In the Criminal Procedure Code Articles 77-83 Chapter X part one has included pretrial and its rules.
Implementation of the Principle of Equality Before The Law in Corruption Court Decisions Sakti, Agam; Aprianingsih, Nina; Nufus, Saifun
JURNAL RUANG HUKUM Vol. 1 No. 1 (2022): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v1i1.251

Abstract

Equality before the law is a basic principle in positive law in Indonesia which is called the Principle of Equality Before The Law, this aims to protect the human rights of citizens and to fight discrimination and the arbitrariness of rulers, but in practice, there are still many constitutions that have not been carrying out these basic principles, especially in acts of corruption as occurred in the corruption case in the procurement of 1,800 computer units for the 2018 computer-based National Examination worth Rp. This case clearly shows that the law in Indonesia tends to side with the authorities so a stigma arises in society that the law in Indonesia is blunt up and down. Of course, this phenomenon has reduced public trust in the government, especially in law enforcement
Implementation of Solving Criminal Cases (Splitsing) in the Proof Process in Criminal Trials Kamila, Firyal; Yanuar, Iyang; Nurdiansyah, Rizki
JURNAL RUANG HUKUM Vol. 1 No. 1 (2022): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v1i1.262

Abstract

The role of a witness who is also an actor in the same case is referred to as a witness who is also a suspect "crown witness". The role of a witness is really needed to uncover a crime that was committed by more than one person together. To uncover evidence of who was involved, what were the roles of the perpetrators and how the crime could be committed. The purpose of this study is to find out how splitsing is implemented in criminal cases. The method used is philosophy juridical with a statutory and case approach, this study uses secondary data supported by primary legal materials such as laws, secondary legal materials in the form of journals and books. The results of this study indicate that the testimony of other defendants was carried out by the public prosecutor who has the authority to split the case files (spiltsing) so that the public prosecutor can reveal the testimony of witnesses and defendants that are the same or different and make it easier to find out the main perpetrators of the crime. The basis for separating the case files is in Article 142 of the Criminal Procedure Code.
Protection of Human Rights Against Criminal Offenders in Detention Process Maryana, Ana; Farhanudin, Farhanudin; Yusar, Muhamad
JURNAL RUANG HUKUM Vol. 1 No. 1 (2022): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v1i1.263

Abstract

The research aims to find out how the Protection of Human Rights for perpetrators of criminal acts in the Detention Process in the Indonesian Criminal Procedure Code. The method used in this study is normative juridical with a statutory approach and a case approach. The data used are secondary data supported by primary legal materials in the form of criminal law books and criminal procedural law books as well as secondary legal materials consisting of legal journals and literature related to the research topic. then collected and analyzed by deductive method. The results of this study state that according to the Criminal Procedure Code those who have the right to detain are investigators, public prosecutors or judges with a certain time limit. In detention must be in accordance with the law. So, detention cannot be carried out arbitrarily. The purpose of detention is for the purposes of investigation, prosecution and examination in court so that the perpetrator does not run away.

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