Juridical Overview of the Authority for the Confiscation of Evidence in the Code of Criminal Procedure and Book II of the Technical Guidelines for Administration and Technical Guidelines for General and Special Criminal Court Proceedings of the Indonesia Supreme Court

This study aims to conduct a juridical review of the authority to seize evidence as regulated in the Indonesian Criminal Procedure Law (KUHAP) and Book II of the Technical Guidelines for the Administration and Technicalities of General and Special Criminal Justice by the Supreme Court. The research involves the analysis of legal texts, namely KUHAP and relevant technical guidelines, and the review of pertinent literature. The research findings reveal that the Supreme Court clearly outlines the authority to seize evidence in the Indonesian criminal procedure in KUHAP and Book II of the Technical Guidelines for the Administration and Technicalities of General and Special Criminal Justice. However, certain ambiguities and variations in interpretation exist in its practical implementation. Therefore, there is a need for harmonisation and refinement of regulations and an enhancement of the understanding and awareness among legal practitioners regarding the authority to seize evidence. This research contributes significantly to understanding the role of evidence seizure in the Indonesian criminal justice system. It could improve legal practices related to the exercise of this authority

The Submission of Judicial Review by the Public Prosecutor Following the Decision of the Constitutional Court No 20/PUU-XXI/2023 (Indonesia): an Examination of Legal Protection for the Rights of the Convicted

This study aims to analyse the essence of the application for reconsideration by convicts and their heirs post the Constitutional Court Decision No 20/PUU-XXI/2023 and to evaluate the reconsideration by the Public Prosecutor from the perspective of the principle of legal protection of the rights of convicts. The research methodology employs a conceptual, legislative, and historical approach. Primary legal materials consist of laws and judgments, while secondary legal materials encompass textbooks, journals, and commentaries on court decisions. The legal materials are analysed qualitatively through content analysis, identifying relevant concepts within the criminal justice system. The research findings indicate that the procedure for convicts to apply for reconsideration is tightly regulated by Article 263 and Article 264 of the Criminal Procedure Code (KUHAP). Convicts must submit a request for reconsideration that includes the reasons underlying the request. This formal requirement must be fulfilled for the reconsideration request to be accepted. The Constitutional Court Decision No 20/PUU-XXI/2023 has significant implications for legal certainty, particularly regarding the right of the Public Prosecutor to submit a reconsideration request. The decision states that the right to submit a reconsideration request is only held by convicts or their heirs, in line with Constitutional Court Decision No 33/PUU-XIV/2016. This is aimed at preserving legal certainty and avoiding ambiguous interpretations of the provisions in the KUHAP. The principle of legal protection of the rights of convicts through reconsideration is crucial to ensure that convicts have fair and transparent access to the legal process. Although the Constitutional Court's decision has limited the Public Prosecutor's right to submit a reconsideration request, it aligns with the principle of protection of convicts' rights to ensure that the legal process is conducted fairly and according to the applicable law

Freedom of Expression in Regulating Criminal Acts of Defamation Against the Government and State Institutions

This research aims to analyze the regulation of criminal defamation against the government or state institutions, focusing on freedom of speech. The research method used is the normative research method with a legislative approach and legal concept analysis. This research employs primary legal materials in the form of laws and judicial decisions and secondary legal materials such as law books, theses, dissertations, journals, and related literature. Data collection is conducted through a literature study, and legal materials are analysed using systematic interpretation. The research results show that the government has passed Law Number 1 of 2023 concerning the Criminal Code, and one of the articles that has sparked public debate is Article 240-241 of the Criminal Code, which deals with insults against the government or state institutions. This article has generated many opinions within the community regarding the criminalization of individuals who insult or excessively criticize the performance of the government or state institutions. This suggests that society faces limitations in expressing its aspirations and concerns when the state fails to fulfil its duties. However, freedom of expression, including criticism of the government or state institutions, is often treated as a criminal offence of insult under the prevailing law