Due Process of Law in Investigations: Analysis of Inter- Institutional Interaction in Makassar

Abstract

This study examines how the principle of due process of law is conceptualized and implemented in police investigations within Makassar's integrated criminal justice system. Using a qualitative, interpretivist approach with interviews and document analysis, the research triangulates views from police investigators, prosecutors, and judges. Findings indicate a broadly shared, holistic understanding of due process that encompasses both procedural and substantive justice, reflected in non-discriminatory treatment of parties and judicial oversight via pretrial review. Implementation is assessed as generally sound; however, practical challenges persist: iterative file returns due to coordination gaps between agencies, social-psychological pressures in managing stakeholder expectations, and uneven adoption and integration of e-systems (e-case management, e-court linkages, and SPPT). These frictions constrain consistency, transparency, and timeliness in investigations. The article proposes a set of operational, organizational, and normative improvements, including the standardization of inter-agency protocols, performance and rights-compliance audits, capacity building in digital workflows, and consolidated data governance, to strengthen accountability. Overall, embedding due process across daily investigative routines and inter-institutional interfaces remains crucial to a fair and trustworthy criminal justice system.