The Antinomy of Value in Determining a Suspect by a Judge: An Anachronism in the History of Human Rights

Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia Pub Date : 1900-01-01 DOI:10.4108/eai.3-6-2021.2310822

P. Putra

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引用次数: 1

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.

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法官认定犯罪嫌疑人的价值矛盾:人权史上的时代错误

．保护人权是1981年关于印度尼西亚刑事诉讼法的第8号法律所载的一种改革形式。根据这一精神，宪法法院第21 / PUU-XII / 2014号决定特别规定了在对某人作出嫌疑人裁定之前审查潜在嫌疑人的重要性。然而，2013年关于防止和根除森林破坏的第18号法律第36条d款的出现是一个时代错误，该条款赋予法官在刑事审判过程中通过法院判决将某人指定为嫌疑人而无需作为潜在嫌疑人进行审查的权力。在调查过程中。这在刑事审判过程中提出了一种价值异常，即期望在保护自然资源方面尊重个人的人权并有利于执法。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia

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