Application Of The Miranda Principle In Terms Of Presenting The Legal Counsel For Criminal Suspects In Indonesia

Moch Faisal Kafrawi(1email)


(1) Faculty of Law, Hasanuddin University, Indonesia
email Corresponding Author
CrossMark

Abstract


This study was to determine how the application Miranda Principle in Indonesian legislation system and to find out how its implementation by law enforcement officials. Research conducted qualitatively by focus on a library study with approach of primary legal materials and secondary law. The results showed that in Indonesia, Miranda Principle set in several chapters: chapters 54, 55, 56 paragraph (1) and Article 114 Criminal Procedure Code. But in practice in some cases is still less than the maximum, especially in terms of presenting legal counsel for justice seekers who can not afford in this case the suspect / defendant.

Keywords


Principle Miranda; Miranda Rule; Miranda Warning; Legal Counsel; Criminal Procedure Code; Human Rights


DOI


10.47268/palau.v1i1.8

Published


2016-09-01

How To Cite


APA: Kafrawi, M.F. (2016). Application Of The Miranda Principle In Terms Of Presenting The Legal Counsel For Criminal Suspects In Indonesia. Pattimura Law Journal, 1(1), 51 - 59. DOI: https://doi.org/10.47268/palau.v1i1.8.
IEEE: M.F. Kafrawi, "Application Of The Miranda Principle In Terms Of Presenting The Legal Counsel For Criminal Suspects In Indonesia", Pattimura Law J., vol. 1, no. 1, pp. 51 - 59, Sep. 2016. Accessed on: Apr. 22, 2025. [Online]. Available DOI: https://doi.org/10.47268/palau.v1i1.8
Harvard: Kafrawi, M.F., (2016). "Application Of The Miranda Principle In Terms Of Presenting The Legal Counsel For Criminal Suspects In Indonesia". Pattimura Law Journal, Volume 1(1), pp. 51 - 59. [Online]. Available DOI: https://doi.org/10.47268/palau.v1i1.8 (Accessed on: 22 April 2025)
Chicago: Kafrawi, Moch Faisal. "Application Of The Miranda Principle In Terms Of Presenting The Legal Counsel For Criminal Suspects In Indonesia." Pattimura Law Journal 1, no. 1 (November 11, 2016): 51 - 59. Accessed April 22, 2025. doi:10.47268/palau.v1i1.8
Vancouver: Kafrawi MF. Application Of The Miranda Principle In Terms Of Presenting The Legal Counsel For Criminal Suspects In Indonesia. Pattimura Law J. [Internet]. 2016 Sep 1 [cited 2025 Apr 22];1(1):51 - 59. Available from: https://doi.org/10.47268/palau.v1i1.8
MLA 8th: Kafrawi, Moch Faisal. "Application Of The Miranda Principle In Terms Of Presenting The Legal Counsel For Criminal Suspects In Indonesia." Pattimura Law Journal, vol. 1, no. 1, 11 Nov. 2016, pp. 51 - 59, doi:10.47268/palau.v1i1.8. Accessed 22 Apr. 2025.
BibTeX:
@article{PALAU8,
		author = {Moch Kafrawi},
		title = {Application Of The Miranda Principle In Terms Of Presenting The Legal Counsel For Criminal Suspects In Indonesia},
		journal = {Pattimura Law Journal},
		volume = {1},
		number = {1},
		year = {2016},
		keywords = {Principle Miranda; Miranda Rule; Miranda Warning; Legal Counsel; Criminal Procedure Code; Human Rights},
		abstract = {This study was to determine how the application Miranda Principle in Indonesian legislation system and to find out how its implementation by law enforcement officials. Research conducted qualitatively by focus on a library study with approach of primary legal materials and secondary law. The results showed that in Indonesia, Miranda Principle set in several chapters: chapters 54, 55, 56 paragraph (1) and Article 114 Criminal Procedure Code. But in practice in some cases is still less than the maximum, especially in terms of presenting legal counsel for justice seekers who can not afford in this case the suspect / defendant.},
				issn = {2527-7316},		pages = {51--59}			doi = {10.47268/palau.v1i1.8},
				url = {https://fhukum.unpatti.ac.id/jurnal/palau/article/view/8}
		}
		
RefWorks:

   


Bambang Tri Bawono. (2011). Overview Juridical Rights Of The Suspect In The Preliminary Examination. Jurnal Hukum 26: (2)

___________________. 2008. Pelanggaran Terhadap Prinsip "Miranda Rule" Dalam Praktek Peradilan Pidana di Indonesia. http://www.lawskripsi.com/index.ph p? Option = Com_content & view = articl e & id = 95 & Itemid = 95. Access on 10 November 2015.

LBH Jakarta, Jaminan Perlindungan Hak Tersangka dan Terdakwa Dalam KUHP dan KUHAP, kuhap.or.id/data/wp- content / uploads / 2013/10 / rights of suspects-defendant-by-LBH- Jakarta.pdf. Access on December 10, 2015 from 23.00.

Soerjono Soekanto, 2012, Factors Affecting Law Enforcement, Prints 11th, Jakarta: PT RajaGrafindo Persada.

Sofyan Lubis. 2010. Principles "Miranda Rule" Rights of Suspects Before Examination lest you become a victim of justice. Yogyakarta: Pustaka Yustisia. University of North Sumatra, http://repository.usu.ac.id/bitstream/ 123456789/36856/3/ Chapter% 20I.pd f. Access dated December 17, 2015 16:15 AM.

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1. Title Title of document Application Of The Miranda Principle In Terms Of Presenting The Legal Counsel For Criminal Suspects In Indonesia
 
2. Creator Author's name, affiliation, country Moch Faisal Kafrawi; Faculty of Law, Hasanuddin University; Indonesia
 
3. Subject Discipline(s)
 
3. Subject Keyword(s) Principle Miranda; Miranda Rule; Miranda Warning; Legal Counsel; Criminal Procedure Code; Human Rights
 
4. Description Abstract This study was to determine how the application Miranda Principle in Indonesian legislation system and to find out how its implementation by law enforcement officials. Research conducted qualitatively by focus on a library study with approach of primary legal materials and secondary law. The results showed that in Indonesia, Miranda Principle set in several chapters: chapters 54, 55, 56 paragraph (1) and Article 114 Criminal Procedure Code. But in practice in some cases is still less than the maximum, especially in terms of presenting legal counsel for justice seekers who can not afford in this case the suspect / defendant.
 
5. Publisher Organizing agency, location Faculty of Law, Pattimura University
 
6. Contributor Sponsor(s)
 
7. Date (YYYY-MM-DD) 2016-09-01
 
8. Type Status & genre Peer-reviewed Article
 
8. Type Type
 
9. Format File format PDF
 
10. Identifier Uniform Resource Identifier https://fhukum.unpatti.ac.id/jurnal/palau/article/view/8
 
10. Identifier Digital Object Identifier 10.47268/palau.v1i1.8
 
11. Source Title; vol., no. (year) Pattimura Law Journal; VOLUME 1 ISSUE 1, SEPTEMBER 2016
 
12. Language English=en en
 
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