LAW & PASS: International Journal of Law, Public Administration and Social Studies

Legal Counsel Assistance in Court Proceedings in Criminal Cases

2025-04-24T00:48:20+00:00

The Indonesian Criminal Procedure Code (KUHAP) does not differentiate between ethnic groups or nationalities, ensuring that all individuals are treated equally before the court, whether in the District Court, High Court, or Supreme Court. Suspects or defendants are no longer viewed as "objects" but as "subjects" who possess rights and obligations, including the right to claim compensation or rehabilitation in cases of wrongful arrest, detention, prosecution, or legal judgment. The reality that many suspects/defendants are not accompanied by legal counsel during criminal proceedings raises significant questions about why the provisions of KUHAP are not adhered to. This thesis aims to analyze and elaborate on the regulations within KUHAP concerning the obligation of legal counsel to assist suspects/defendants in court proceedings and to analyze and elaborate on the rules that should govern the implementation of the obligation for legal counsel in criminal cases. The type of legal research employed in this work is normative legal research. This research is prescriptive in nature, aiming to provide a careful, comprehensive, and systematic description and analysis of the characteristics of individual or group behavior. Legal assistance by counsel is a fundamental right that must be fulfilled in every legal process, as stipulated in Article 56 of the Indonesian Criminal Procedure Code (KUHAP). Ironically, the hegemony of scientific studies tends to focus more on the subordination and compliance of citizens to the law rather than the subordination and compliance of law enforcement officials to the law itself. This obligation not only aims to protect the rights of suspects but also to ensure that the principles of justice and the protection of human rights are upheld within the criminal justice system in Indonesia.

Issuance of Legally Defective Land Rights Certificates at the Jayapura City Land Office

2025-05-17T14:01:01+00:00

This study aims to determine the factors that cause certificates to be legally defective at the Jayapura City Land Office and to determine how to cancel certificates that are legally defective at the Jayapura City Land Office. The approach method used in this study is the normative and empirical legal approach method, namely an approach that refers to laws, literature, written regulations or other secondary legal materials and to see how it is applied through field research. The results of this study revealed that the factors that caused the certificate to be legally defective at the Jayapura City Land Office were 2 (two) main things, namely the first from the applicant himself with dishonesty by making fake documents from blank signatures to parties adjacent to the land, in other words it can be said that the applicant from the beginning had bad intentions with the intention of lying to the land office by entering false data, the second from the Land Office itself because of administrative legal defects such as procedural errors, errors in the application of laws and regulations, errors in the subject of rights, errors in the type of rights, errors in calculating the area, there is overlapping land rights, incorrect legal data or physical data or other errors of an administrative nature and the Way to Cancel a Certificate that is legally defective at the Jayapura City Land Office can be done by means of an application by the relevant party with a court decision that has permanent legal force.

Kinship System and Customary Government of the Waropen Indigenous Community

2025-05-17T14:20:27+00:00

This study aims to determine the kinship system and customary government of the Waropen indigenous community. The research method used is empirical by observing the reality that occurs in the field. The results of this study reveal that the Waropen indigenous community recognizes a local kinship group called "da". Almost all villages in Waropen have three to five "da" which oversee several bawa houses (large and long houses). Family members feel bound by kinship ties that are calculated through the male line. Members of the "da" believe that they come from the same ancestors, although they are often unable to explain these kinship relationships concretely. In Waropen society, larger kinship groups are formed by "ruma bawa" which has two meanings, namely: (1) patrilocal extended family and (2) house as a place to live. Waropen society also recognizes local kinship groups. Its members are bound by kinship ties that are calculated through the father's line (patrilineal). In the customary government system of the Waropen indigenous community, several positions are known in the customary structure, which also provide clues about the boundaries of social stratification. These positions are: Sera Bawa, Mosaba, (Pertuan/ruler/King), Eso (Commander), Rubasa (People's Deputy), Manobawa, Sera-Titibi (Pertuan for groups in small circles/keret) Waribo, and Ghoinino.

Community Participation in Combating Money Politics Practices in Murtigading Village, Yogyakarta

2025-04-12T17:10:21+00:00

Murtigading Village, located in Sanden District, Bantul Regency, has achieved notable success in combating money politics in the village chief elections (Pilurdes), general elections, and regional elections. This study explores how the community of Murtigading mobilized a movement to counter money politics, identifies the key factors contributing to the movement’s success, and examines strategies to ensure the sustainability of this anti-money politics effort. Employing a qualitative descriptive approach, the research collected primary and secondary data through observations, literature review, and interviews with key movement initiators and members of the Bantul Regency Election Supervisory Committee (Bawaslu). The findings reveal that the anti-money politics movement in Murtigading significantly contributed to the reduction and eventual eradication of money politics practices in the village during the 2019 and 2020 elections. Two primary factors influenced this success: the presence of community leaders as catalysts and active community participation. To maintain the movement’s momentum, continuous promotion and internalization of anti-money politics values through political literacy and socialization are essential. This study highlights the critical role of community-driven initiatives in fostering clean electoral processes and strengthening democratic governance at the grassroots level.

Legal Analysis of Joint and Continuing Corruption Crimes in the Misuse of Specialized Personal Medical Devices: A Case Study of Pekanbaru District Court Decision No. 59/Pid.sus.TPK/2018/PN.Pbr

2025-05-26T02:43:05+00:00

This study analyzes the legal regulation and accountability concerning joint and continuing corruption offenses involving the misuse of specialized personal medical devices at the Regional Public Hospital (RSUD) Arifin Achmad, based on Pekanbaru District Court Decision No. 59/Pid.sus.TPK/2018/PN.Pbr. Corruption cases in healthcare remain prevalent, particularly involving medical device procurement and utilization. This research employs a normative juridical method by examining legal principles, statutes, and court rulings related to corruption in healthcare. Findings indicate that the corruption charges related to the misuse of specialized personal medical devices may more appropriately fall within civil law rather than criminal law. Furthermore, the hospital institution and its director should bear legal responsibility alongside the defendant and associated parties. The study highlights the importance of rigorous application of regulations concerning state financial losses and stresses that not all cases should be adjudicated as pure criminal acts, adhering to the principle of ultimum remedium. Recommendations include a thorough review and application of relevant legal regulations to ensure fair protection for defendants and uphold justice for the state. This study contributes to strengthening legal certainty and protection in the healthcare sector, particularly against corruption.

Status of Mortgage Rights on Building Use Rights on Land Whose Term Has Expired

2025-05-20T09:09:09+00:00

Article 18 paragraph (1) of Law No. 4/1996 states that Mortgage Rights are extinguished due to debt repayment, relinquishment by the holder, court order, or extinguishment of land rights. In Batam City, there is a case of a Building Rights Title (SHGB) being used as collateral, but its validity period has expired, and the debtor has not fulfilled their obligations. This research aims to analyze the status and position of Mortgage Rights on an object with an expired Building Rights Title under Indonesian Positive Law, the legal consequences for the holder of the Mortgage Rights on an expired Building Rights Title, and the legal protection for the creditor when the Building Rights Title, as the object of the mortgage, is not extended or renewed. This is normative legal research using the statutory and case approach methods. Data is obtained through literature studies, interviews, and documentation, analyzed using qualitative methods. Mortgage rights are considered extinguished unless the creditor or debtor extends them through a Deed of Mortgage (APHT). The expiration of Mortgage Rights results in the land becoming state property unless it is extended by the debtor or creditor. The expiration of Mortgage Rights does not erase the debtor’s debt, but the creditor's position changes from preferred to concurrent, meaning the creditor no longer has priority in repayment. Creditor protection can be achieved through negotiation for an extension or renewal of the SHGB. If this fails, the bank can sell the mortgage underhand, auction the mortgage, file for bankruptcy, or file a lawsuit. It is recommended that further regulation in the Mortgage Rights Law (UUHT) be established regarding the expiration of Building Rights Titles encumbered with Mortgage Rights.

The Role of Village Heads in Resolving Customary Land Disputes in Nendali Village East Sentani District Jayapura Regency

2025-07-05T01:02:18+00:00

This study aims to determine the role of the village head in resolving customary land disputes in Nendali Village, East Sentani District, Jayapura Regency and to determine the obstacles experienced by the village head in resolving customary land disputes in Nendali Village, East Sentani District, Jayapura Regency. The method used in this study is normative and empirical juridical, namely an approach that refers to legal norms contained in laws and regulations, library materials, written regulations or other secondary legal materials and also sees the reality that occurs in the field. The results of this study reveal that the role of the village head in resolving customary land disputes in Nendali Village, East Sentani District, Jayapura Regency is very important in relation to the rights and obligations in the life of his customary community where a village head is required to be able to play an active role in holding his leadership so that he can organize the community properly, safely and orderly, if there is a problem or dispute that occurs among his customary community, the village head as a mediator to resolve the problem or dispute, acts to restore peace in his customary community and the factors that cause customary land disputes in Nendali Village, East Sentani District, Jayapura Regency, namely the overlapping ownership of customary land, whether the land is used for personal use such as a place to live or shelter or the land is used in groups or together such as a place to farm and graze livestock, where fellow customary communities claim that it is their land while the other party also states that the land is theirs, then the customary land dispute occurs.

Legal Protection of Geographical Indications in Jayapura City

2025-07-07T01:06:27+00:00

This study aims to determine, analyze and explain the mapping of geographical indications in Jayapura City and legal protection of Papuan Geographical Indications in Jayapura City. The type of research used is empirical legal research because it is based on the idea that law is inseparable from the lives of its people in the form of values and attitudes/behaviors carried out so that in the view of empirical science, a normative approach to studying problems related to the protection of geographical indications in Jayapura City Papua is how the law is in reality in people's lives. The results of this study reveal that efforts to map geographical indications are carried out to determine the limits of cases of violation of geographical indications so that holders of geographical indication rights can file lawsuits against users of geographical indications without rights, in the form of compensation payments and termination. Use and destruction of geographical indication labels used without rights through registration and publication. Geographical indications are protected as long as the reputation, quality and characteristics that are the basis for granting geographical indication protection to an item are maintained. And protection will be removed if these provisions are not met, and/or are contrary to state ideology, legislation, morality, religion, decency and public order. While legal protection of geographical indications can be carried out in preventive and repressive forms. Preventive means preventive measures through refusal of registration and repressive payment of compensation.