Research Article
The Antinomy of Value in Determining a Suspect by a Judge: An Anachronism in the History of Human Rights
@INPROCEEDINGS{10.4108/eai.3-6-2021.2310822, author={Panca Sarjana Putra}, title={The Antinomy of Value in Determining a Suspect by a Judge: An Anachronism in the History of Human Rights}, proceedings={Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia}, publisher={EAI}, proceedings_a={ICEHHA}, year={2021}, month={8}, keywords={determination of the suspect; value anomaly; human rights; criminal procedure law}, doi={10.4108/eai.3-6-2021.2310822} }- Panca Sarjana Putra
Year: 2021
The Antinomy of Value in Determining a Suspect by a Judge: An Anachronism in the History of Human Rights
ICEHHA
EAI
DOI: 10.4108/eai.3-6-2021.2310822
Abstract
Protection of Human Rights is a form of reform contained in Law Number 8 of 1981 concerning Criminal Procedure Law in Indonesia. In line with this spirit, the Constitutional Court Decision Number 21 / PUU-XII / 2014, in particular, has stipulated the importance of examining a potential suspect, before the issuance of a Determination of a suspect against a person. However, it is an anachronism, the emergence of Article 36 letter d of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction, which gives Judges the authority - in a criminal trial process through a court decision, to designate a person as a suspect without being examined as a potential suspect. in the process of investigation. This raises a value anomaly in the criminal trial process which is expected to respect a person's human rights with the interest of law enforcement in relation to the protection of natural resources.