The study of this idea has a focus on “pitutur luhur” for eradicating corruption in Indonesia. The writing of this idea uses a penal policy approach. It is found that the eradication of corruption has not found significant success. One indicator is the Indonesian Corruption Perceptions Index that has not improved. Apparently, the excessive action taken by the KPK does not reduce the level of corruption much. In this regard, an action plan which is presumed to be worth "fighting" optimally is the eradication of corruption in a preventive manner, without then reducing any repressive efforts. Take, for example, revitalizing the “pitutur luhur” which is one of the local wisdom of Javanese culture. In the perspective of penal policy, efforts to make “pitutur luhur” for eradication of corruption in Indonesia can be interpreted as a manifestation of strategic efforts to improve social conditions that led to the birth of corrupt practices. Therefore, the concrete “pitutur luhur” effort to eradicate corruption in Indonesia can be done in various strategic ways, for example through the world of education, arts and culture, and activities that involve broad community participation.
This research focuses on establishing chemical castration as additional criminal penalty. Chemical castration is intended to minimize sexual crimes against children. However, this additional punishment of chemical castration is conflicted with the ethics of the medical profession and the additional punishment of chemical castration is due to the lack of technical instructions for chemical castration. This is a type of normative legal research. This study concludes that: first, the regulation on the executor of the perpetrator of sexual crimes against children does not have legal certainty. A person who takes action on chemical castration is not only a person who does it, but a person whohas knowledge in the field of chemical castration. This science is related to medical science which should be able to perform chemical castration. The act of chemical castration that should be done by a doctor conflicts with the professional code of ethics of a doctor. Second, the legislators must reconstruct the rules related to the implementation of chemical sanctions castration so that they are clearly regulated and do not conflict with other regulations.
The judicial review is the essence of constitutional justice. At this time, Indonesia has adopted a dualism system in judicial review, which creates problems. This study aims to analyze the current judicial review system and examine the integration of judicial review by the Constitutional Court as ius constituendum. In reviewing the legal problems in this research, the Constitutional Court used the juridical-normative method. Furthermore, this research also uses a regulatory approach and a comparative study in Austria and Germany. The results show that Articles 24A and 24C of the Indonesia Constitutionhave delegated the Supreme Court the right to judicial review of regulations under the law, while the Constitutional Court has judicial review against the Indonesia Constitution. This raises problems, from practice to the difficulty of guarding the hierarchy of norms from Regional Regulations to the Indonesia Constitution. Judicial review at the Supreme Court also still has problems, especially transparency and accountability, because they have a closed nature. If analyzed in Austria, the Constitutional Court has the authority to judicial review the constitutionality of laws and the legality of administrative regulations (policies). In Germany, the Federal Constitutional Court has the authority to judicial review the law against the constitution. Therefore, there is a need for an urgency to integrate the judicial review by the Constitutional Court through the Amendment to the Indonesia Constitutionand several revisions to the regulations.
Teori fiksi hukum kontradiktif dengan tingkat literasi membaca masyarakat. Teori menghendaki setiap orang harus tahu atas peraturan perundang-undangan yang telah diundangkan, namun hasil penelitian menunjukkan bahwa aktivitas literasi masyarakat Indonesia masih rendah. Lembaga Studi Hukum Pidana (LSHP), yang merupakan bagian dari masyarakat, tergugah untuk memberikan solusi sesuai kompetensi dan kemampuan yang dimiliki. Pilihannya adalah membangun media publikasi berbasis partisipasi yang memuat informasi yang tidak terbatas hanya mengenai dasar-dasar hukum pidana. LSHP membangun media publikasi berbasis website menggunakan aplikasi Open Jurnal System (OJS) yang dikembangkan oleh Public Knowledge Project (PKP). Media publikasi berbasis website sekaligus digunakan sebagai ruang penyimpanan sekaligus publikasi produk dari kegiatan pemantauan, penelitian, dan pemberdayaan masyarakat dapat diakses melalui http://repositori.lshp.or.id/, yang terbagi menjadi 3 (tiga) ruang: (1) Lembaga Studi Hukum Pidana; (2) Jurnal Studi Hukum Pidana; dan (3) Opini Hukum dan Hak Asasi Manusia. Semua telah terindeks pada mesin pengindeks ternama serta dapat dibaca dan/atau diunduh secara cuma-cuma. LSHP mengikutsertakan masyarakat secara aktif dan sukarela terlibat dalam perkembangan peraturan perundang-undangan yang ada di Indonesia. Pembangunan media publikasi oleh LSHP telah nyata membuka ruang partisipasi bagi masyarakat, selaras dengan upaya untuk mengikis dampak negatif pemberlakuan teori fiksi hukum di Indonesia, serta memberikan ruang partisipasi kepada masyarakat untuk memberikan penilaian terhadap pemberlakuan dan menyebarluaskan suatu peraturan perundang-undangan di Indonesia. One Year of Institute for the Study of Criminal Law (LSHP): Community Capacity Building Through Participation-Based Publication Media One Year Institute for the Study of Criminal Law (LSHP): Community Capacity Building Through Participation-Based Publication Media. The theory of legal fiction is contradictory to the reading literacy level of the community. The theory requires that everyone should know the laws and regulations that have been promulgated, but the results of the study show that the literacy activity of the Indonesian people is still low. Lembaga Studi Hukum Pidana (LSHP), which is part of the community, is motivated to provide solutions according to their competencies and capabilities. The choice is to build a participation-based publication that contains information that is not limited to just the basics of criminal law. LSHP builds website-based publication media using the Open Journal System (OJS) application developed by the Public Knowledge Project (PKP). Website-based publication media are also used as storage space as well as product publications from monitoring, research, and community empowerment activities that can be accessed through http://repositori.lshp.or.id/, which is divided into 3 (three) rooms: (1) Lembaga Studi Hukum Pidana; (2) Jurnal Studi Hukum Pidana; and (3) Opini Hukum dan HAM. All have been indexed on well-known indexing engines and can be read and/or downloaded for free. LSHP actively and voluntarily engage the community in the development of existing laws and regulations in Indonesia. The development of publication media by LSHP has clearly opened up space for public participation, in line with efforts to erode the negative impact of the implementation of legal fiction theory in Indonesia, as well as providing space for public participation to provide an assessment of the enforcement and dissemination of a statutory regulation in Indonesia.
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