Supremasi Hukum : Jurnal Penelitian Hukum

Legal Rehabilitation For Victims Of Error In Persona: A Study Of Human Rights Protection In Indonesia’s Criminal Justice System

2026-01-07T04:26:10+00:00

This article examines the problem of error in persona within the Indonesian criminal justice system, namely the wrongful arrest or conviction of individuals who are in fact innocent. Although the Constitution and statutory regulations guarantee the protection of human rights, legal provisions governing rehabilitation for victims of error in persona remain very limited and are dispersed across various, non-integrated legal instruments. While several studies have addressed the issue of error in persona, this research offers a normative legal analysis focusing on the adequacy and coherence of legal regulations concerning the rehabilitation of victims of error in persona. The findings indicate that the existing rehabilitation mechanisms have not been able to provide optimal restoration of victims’ rights. This study employs a normative legal research method with a statutory approach by examining applicable laws and regulations. The results demonstrate the necessity of legal reform through the establishment of specific regulations that guarantee comprehensive recovery, including fair compensation, restoration of reputation, and psychosocial rehabilitation. Such reform is essential to strengthen the protection of citizens’ constitutional rights and to enhance the accountability of the criminal justice system in Indonesia.

Prinsip Keterbukaan Dalam Pembentukan Undang-Undang Di Indonesia: Analisis Normatif Putusan Mahkamah Konstitusi

2026-02-03T02:39:51+00:00

The principle of openness constitutes a fundamental foundation of a democratic state governed by the rule of law, requiring that the law-making process be conducted in a transparent and participatory manner. In Indonesia’s constitutional system, this principle derives its constitutional legitimacy from the 1945 Constitution of the Republic of Indonesia and is further regulated by Law Number 12 of 2011 on the Formation of Laws and Regulations. However, legislative practice reveals a tendency to disregard the principle of openness, leading to formal judicial review before the Constitutional Court. This article aims to normatively analyze the Constitutional Court’s interpretation of the principle of openness in the law-making process. The research employs a normative legal method using statutory and case approaches. The findings indicate that the Constitutional Court plays a strategic role in strengthening openness as part of constitutional democracy, although its implementation continues to face challenges in legislative practice. This article contributes to the development of formal judicial review studies by affirming openness as a substantive constitutional standard in law-making, while also enriching the discourse on formal review by elaborating openness as a substantive constitutional parameter and deepening the concept of meaningful public participation in the context of judicial control over the legislative process in Indonesia.

Analisis Putusan Hakim Pada Perkara Tindak Pidana Mineral Dan Batubara

2026-02-03T02:38:53+00:00

This study aims to analyze the judges' legal considerations in deciding a mineral and coal mining (Minerba) crime case involving the Maba Sangaji indigenous community at the Soasio District Court. The main problem in this study is how the judges' legal considerations in deciding the mineral and coal crime case in the verdict (A Study of Criminal Decisions for the Maba Sangaji Indigenous Community at the Soasio District Court). The research method used is normative legal research with a statutory approach, a case approach, and a conceptual approach. The data used consists of primary, secondary, and tertiary legal materials analyzed qualitatively. The results of the study indicate that the judge's considerations in the Mineral and Coal Mining crime case involving the Maba Sangaji indigenous community focused more on fulfilling the elements of the crime as stipulated in Law Number 3 of 2020 concerning Mineral and Coal Mining, as amended by Law Number 4 of 2009. In the judge's decision, with the indictment of Article 162 of the Mineral and Coal Mining Law, without optimally considering the existence and traditional rights of indigenous legal communities guaranteed by Article 18 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, the decision has legal implications in the form of weak legal protection for indigenous communities in managing their territories, and has the potential to criminalize traditional community activities that have been carried out for generations. This research is expected to contribute to academics in the development of law enforcement officials and policy makers to pay more attention to the principles of substantive justice and recognition of the rights of indigenous communities in law enforcement.