Abstract:Berlakunya Undang-Undang Nomor 20 Tahun 2025 tentang Kitab Undang-Undang Hukum Acara Pidana memperkenalkan pengakuan bersalah sebagai mekanisme baru yang tersebar dalam Pasal 78, Pasal 205, dan Pasal 234. Ketiga ketentuan…
n tersebut sama-sama memberi ruang percepatan pemeriksaan perkara, tetapi membentuk kedalaman pengujian hakim yang berbeda terhadap kesukarelaan pengakuan terdakwa. Penelitian ini bertujuan menganalisis konsistensi standar pengawasan hakim dalam tiga jalur pengakuan bersalah serta merumuskan parameter minimum yang menjamin pengakuan diberikan secara bebas, sadar, tanpa paksaan, dan berdasarkan pemahaman penuh. Penelitian menggunakan metode hukum normatif dengan pendekatan perundang-undangan, konseptual, dan kasus. Bahan hukum utama meliputi UU Nomor 20 Tahun 2025, SEMA Nomor 1 Tahun 2026, serta Putusan Mahkamah Konstitusi Nomor 213/PUU-XXIV/2026. Hasil penelitian menunjukkan bahwa Pasal 205 memuat pengujian paling mendalam karena mewajibkan hakim menelusuri kualitas pemeriksaan pada tahap penyidikan dan penuntutan, sedangkan Pasal 78 menekankan kesukarelaan, pendampingan advokat, pemahaman konsekuensi, dan dukungan dua alat bukti. Pasal 234 menggunakan pengujian yang lebih ringkas. Perbedaan ini dapat menimbulkan disparitas tingkat perlindungan terdakwa. Penelitian menawarkan Model Uji Keabsahan Lima Parameter yang mencakup kelayakan prosedural, pendampingan hukum efektif, pemahaman dan pelepasan hak secara sadar, kebebasan dari tekanan, serta dasar faktual dan dokumentasi pengakuan sebagai standar minimum yang dapat diterapkan lintas ketentuan.
The enactment of Law Number 20 of 2025 on the Criminal Procedure Code introduced guilty plea mechanisms through Articles 78, 205, and 234. Although all three provisions facilitate an expedited criminal process, they establish different levels of judicial scrutiny over the voluntariness of a defendant's admission. This study examines the consistency of judicial review standards across the three mechanisms and formulates minimum safeguards to ensure that a guilty plea is made freely, knowingly, without coercion, and with full understanding of its legal consequences. The research employs normative legal methods using statutory, conceptual, and case approaches. The main legal materials are Law Number 20 of 2025, Supreme Court Circular Letter Number 1 of 2026, and Constitutional Court Decision Number 213/PUU-XXIV/2026. The study finds that Article 205 provides the most intensive scrutiny because the judge must review the quality of investigation and prosecution, while Article 78 emphasizes voluntariness, effective legal assistance, informed consequences, and support by two lawful items of evidence. Article 234 adopts a more concise examination. This disparity may produce unequal protection among defendants. The article proposes a Five-Parameter Validity Test covering procedural eligibility, effective legal assistance, informed waiver of rights, freedom from coercion, and factual basis with adequate documentation as a minimum standard across all guilty plea mechanisms.
Abstract:The police who serve as investigators carry out the investigation process and the police who serve as investigators carry out the investigation. The process of inquiry and investigation is a very important thing in criminal…
nal procedural law, because in its implementation it often has to touch on the degree and/or dignity of the individual under suspicion, therefore one of the important mottos in criminal procedural law is that the essence of investigating criminal cases is to to clear up the problem, to pursue the perpetrator of the crime, while preventing innocent people from acting inappropriately. Regarding the authority of investigators, of course there are efforts that can be made by the reported party if he has been named a suspect or other efforts that can be taken by the reported party if an Inquiries/investigation error occurs.
Abstract:This study examines the effectiveness of in absentia judgments in the recovery of assets from corruption crimes based on Article 38 of the Law on the Eradication of Corruption Crimes. The background of this study is based…
d on the phenomenon of many corruption defendants who are absent from trial, so that the judicial process continues through the in absentia mechanism. However, the effectiveness of such judgments in supporting the recovery of state financial losses remains a problem, especially in the aspects of execution and the return of assets resulting from corruption crimes. This study uses a normative legal method (normative juridical) with a statutory approach and a conceptual approach. The results of the study indicate that normatively, Article 38 of the Anti-Corruption Law provides a valid legal basis for courts to render judgments without the presence of the defendant. However, the effectiveness of such judgments in asset recovery is still not optimal because there are obstacles such as difficulties in tracing assets, transfer of asset ownership, limited coordination among law enforcement institutions, and weak asset tracing mechanisms. In addition, there are also juridical obstacles in the form of the lack of comprehensive technical regulations regarding the execution of assets in in absentia cases. Therefore, strengthening regulations and increasing synergy among law enforcement officers are required so that the objective of recovering state losses can be achieved effectively.
Abstract:The principle of legality is a fundamental concept in the Indonesian criminal justice system, ensuring legal certainty and the protection of human rights from arbitrary criminal punishment. However, the rapid development…
of modern crimes often leads to legal gaps or vague norms that require judges to conduct judicial law-finding (rechtsvinding) when resolving criminal cases. This research aims to analyze the position of the principle of legality as a legal limit to judicial authority and examine how far judicial law-finding can be carried out without violating the essential principles of criminal law. This study employs a normative legal research method with a statute approach, conceptual approach, case approach, and historical approach. The results demonstrate that the principle of legality plays a crucial role in restricting judicial interpretation to prevent the creation of new offenses that may harm defendants and to ensure punishment can only be imposed based on pre-existing laws. Nonetheless, judicial law-finding remains necessary to address contemporary crimes that are not yet regulated under statutory law. Therefore, a proportional balance between legal certainty and substantive justice is required so that the principle of legality and judicial law-finding can work synergistically within Indonesia’s criminal justice system.
Abstract:The ambiguity of the elements “dealer” and “user” in Articles 114, 112, and 127 of Law Number 35 of 2009 on Narcotics creates legal uncertainty in the practice of criminal justice. These three provisions often overlap in…
erlap in law enforcement, particularly when investigators and public prosecutors apply more severe charges without comprehensively examining the legal construction of the defendant’s actions, including the social and situational context behind them. This study is a normative legal research that examines the doctrine of judicial legal discovery, principles of criminal law, and the principle of proportionality in sentencing in a more in-depth and structured manner. The results of the study indicate that judges have the authority to interpret the elements of narcotics criminal acts systematically, grammatically, and teleologically to clearly distinguish between “abusive users” and “dealers with the intent to distribute.” Legal discovery is needed to prevent overcriminalization and to ensure the protection of the rights of suspects and defendants throughout the entire criminal justice process. This study concludes that the appropriate method of interpretation is an integration of systematic interpretation, teleological interpretation, and the ratio legis of the Narcotics Law.
Abstract:This research examines the relevance of adopting the concept of active judges within adversarial common law traditions to Indonesia’s hybrid criminal procedure. The primary objective is to explore whether the active judge…
dge model can strengthen Indonesia’s criminal justice reform without undermining its civil law foundation. This study employs a normative juridical method with a comparative approach, analyzing doctrinal sources, statutory law, and scholarly debates from both civil law and common law perspectives. The findings suggest that while the adversarial system traditionally restricts judges to a passive role, the notion of an active judge has emerged to prevent procedural abuses and ensure substantive justice. For Indonesia, integrating aspects of the active judge model may contribute to enhancing transparency, protecting defendants’ rights, and harmonizing procedural justice with societal expectations. Nevertheless, challenges remain, particularly concerning judicial independence, consistency of application, and potential conflicts with established inquisitorial practices. This study concludes that the adoption of active judge principles must be carefully contextualized, reinforcing Indonesia’s hybrid system rather than replacing its legal traditions.
Abstract:Based on research results witness or victim protection is regulated in Law no. 13 of 2006 and to find out how the legal protection of the rights of the defendant in criminal cases in Gorontalo the violation of the defendant…
ant was carried out by the investigator both from the beginning of the process until the end of the process. The human rights law must be fulfilled and there are several violations committed by the investigator both intentionally or unintentionally. The defendant's human rights are listed in Law No. 8 of 1981 concerning criminal procedural law in article 98 paragraph 1 explains"If an act which forms the basis of an indictment in an examination of a criminal case by a district court results in a loss for another person, the presiding judge may at the request of that person determine to incorporate the case for the compensation claim to the criminal case".Paragraph (2) explains;"The request referred to in paragraph (1) may only be submitted at the latest before the public prosecutor recommends a criminal charge. In the event that the public prosecutor is not present, the request is submitted no later than before the judge passes the sentence ".The defendant's human rights law is a right that must be carried out by the investigator from the beginning of the process until the end of the investigation process.
Abstract:This study examines the enforcement of criminal law in relation to the offense of aggravated theft as adjudicated in the District Court Decision of Amlapura No. 60/PID.B/2024/PN Amlapura, wherein the Defendant, Jana alias…
s Tobi, was found legally and convincingly guilty of committing aggravated theft as stipulated under Article 363 paragraph (1) point 4 of the Indonesian Penal Code (KUHP). The objective of this research is to analyze the application of criminal law in the aforementioned case, with a particular focus on two principal legal issues: (1) how law enforcement was implemented in the case in question, and (2) how the judicial decision aligns with the foundational legal principles of justice, legal certainty, and utility. The research employs a normative juridical method with a descriptive-analytical approach, and utilizes both the theory of law enforcement and the theory of criminal acts as the conceptual framework. The findings indicate that all elements of the criminal offense under Article 363 paragraph (1) point 4 of the Penal Code were fulfilled, and that the panel of judges duly considered both aggravating and mitigating factors in a balanced manner. Nonetheless, further analysis reveals that the Defendant’s role in the commission of the offense was more auxiliary in nature, thereby suggesting that the normative application of Article 55 of the Penal Code would have been more appropriate. This misapplication of legal provisions potentially gives rise to substantive injustice and opens the possibility for further legal remedies. The study concludes that although the formal procedures of law enforcement were conducted in accordance with prevailing legal standards, there exists a substantive deficiency in the identification of the perpetrator’s role, which adversely affects the overall fairness of the verdict. The novelty of this research lies in its critical analysis of the accuracy of judicial application of substantive criminal norms and the imperative of rigorous judicial reasoning in sentencing, aimed at reinforcing the integrity and consistency of the Indonesian criminal justice system.
Abstract:The legal position between the debtor and the debtor in the bond agreement, where the borrower has the right to return proof of ownership of the collateral after the loan payment, while the borrower has the right to a higher…
gher bond amount, and the billing period in accordance with the guarantor who is entitled to payment plus principal (interest) with the borrower's monthly installments including compensation in the event of late payment. Settlement of disputes related to credit agreements, where the person concerned can arbitrate the agreement in question. Legal observations made by the judge in the decision of Case No. 70 / Pdt.G / 2020 / PN.Mdn, where the judge is of the opinion that the plaintiff has won legally there is no action taken by the Defendant on behalf of Mas Arif Fauzan and verstek. The issuance of this decision is binding on both parties because it has permanent legal force ( incracht ) and has become a new law for the parties. The judge made the decision based on previous legal opinions and the judge's belief that presenting a legitimate and persuasive action is a breach of contract.
Abstract:Withdrawal of Waqf Assets based on Decision No. 22/Pdt.G/2017/MS-MEDAN because the objects which are waqf assets belonging to the Bireueen Islamic Education Society have been misused by the Bireueen Ministry of Religion…
in a dysfunctional manner, namely the waqf objects are recorded as Public Property. In order for the irregularity of the waqf assets to be in accordance with the waqf pledge made, the owner of the waqf rights takes over the waqf assets. The validity of Nazir as the owner of the waqf rights in the event of misappropriation of waqf assets based on Resolution no. 22/Pdt.G/2017/MS-MEDAN is reviewed from the provisions of Article 42 of Law Number 41 of 2004 concerning Waqf which explains: "It is the duty of nazhir to manage and dispose of waqf assets for their intended use, according to their function and designation." So that the waqf assets that were originally borrowed by the owner of the waqf rights can be disposed of if there is misuse of waqf assets. The Judge's reason for permitting the takeover of misused waqf assets in Decision no. 22/Pdt.G/2017/MS-MEDAN, based on the findings of the facts by the Judge, is of the opinion that legally there is no legal justification for the Defendant/Applicant to hold objects that are unlawfully and unlawfully owned and managed as YPI Bireuen's claim items.