Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Criminal Law
The Right Of Early Access To Criminal Legal Aid In Indonesia: Clear Rule, Clearer Violations, Maxwell Abbott
The Right Of Early Access To Criminal Legal Aid In Indonesia: Clear Rule, Clearer Violations, Maxwell Abbott
Indonesia Law Review
This article will examine the right of early access to criminal legal aid in Indonesia, both in theory and in practice. In theory, the right of early access to criminal legal aid (the Right) is clear and firmly established in Indonesian law and international law which applies to Indonesia: individuals under arrest or in detention are entitled to receive legal aid at all stages of the criminal justice process. Therefore, law enforcement may not deny or delay a suspect’s access to a lawyer during the initial procedural stages of arrest, investigation and detention. This article will argue that the Right …
Reforming Indonesian Rape Law: Adopting U.S. Rape Shield Law In Excluding Prejudicial Evidence, Choky R. Ramadhan
Reforming Indonesian Rape Law: Adopting U.S. Rape Shield Law In Excluding Prejudicial Evidence, Choky R. Ramadhan
Indonesia Law Review
Rape is a complicated crime in term of law enforcement. It is usually occurred by someone who has close relationship or connection to the victim. The availability of evidence is also limited. Unfortunately, sexual violence victim often does not receive proper handling from law enforcement. In several cases, the judge undermined victim’s testimony because of past sexual history and lack of resistance that led to more lenient punishment or acquit the defendant. Therefore, I assert that rape law itself should be revised to minimize judge’s prejudice or bias to several shreds of evidence. I suggest that Indonesia could learn from …
Improving The Role Of Experts Under Indonesian Criminal Procedure Law: Lessons Learned From The Dutch Legal System, Josua Sitompul
Improving The Role Of Experts Under Indonesian Criminal Procedure Law: Lessons Learned From The Dutch Legal System, Josua Sitompul
Indonesia Law Review
This article attempts to scrutinize the role of expert under KUHAP and examine how Indonesian courts have interpreted and applied relevant rules and principles of the expert in selected cybercrime cases. It finds that the main role of expert in such cases is providing the courts with opinions on the legal and technical meanings of the legal provisions at stake and their contextualization in the cases. This raises a question whether law enforcement agencies comprehend the execution of the provisions. It also shows that law enforcement agencies are not always interested in getting digital forensic examination from which electronic evidence …