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

  • Muhammad Irwan Faculty of Law, Hasanuddin University
  • Hijrah Adhyanti Mirzana Faculty of Law, Hasanuddin University

Abstrak

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.

Diterbitkan
2025-10-29
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