Analisis Nilai Keadilan Restoratif  Pada Penerapan Hukum Adat Di Indonesia

Istiqamah, Destri Tsurayya

doi:10.25123/vej.2914

Cited by 4 publications

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“…54 Restorative justice can, therefore, be understood as a response to dissatisfaction and frustration with the formal justice system. 55 In the context of law enforcement of corruption using the paradigm of kantianism, the impact of not achieving the goal of restoring balance, harmony due to criminal acts of corruption. Where the materialistic values of the people in Indonesia are one of the noble values, according to Karl Von Savigny is a growth and development in the soul of the nation.…”

Section: The Prospect Of Asset Forfeiture For Criminal Acts Of Corrupmentioning

confidence: 99%

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2019

FIAT JUSTISIA

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This study discusses the prospect of criminal asset forfeiture in the Corruption criminal act as a staple criminal. The research is based on the fact that the state's financial loss recovery due to corruption crimes is not achieved, whereas the purpose of law enforcement corruption is aimed at restoring the state's financial loss. But these objectives are not manifested through proper measurement to accomplish that goal. The purpose of this research is to assess the prospect of asset deprivation as a staple criminal in the framework of the national criminal law reformation. The methods used in this study used normative research methods with a conceptual approach as a breakthrough problem occurred. This research gain results when criminal asset forfeiture is placed as principal criminal; it will realise the goal of state financial recovery due to corruption crimes and will be aligned with community justice.

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Section: The Prospect Of Asset Forfeiture For Criminal Acts Of Corrupmentioning

confidence: 99%

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2019

FIAT JUSTISIA

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Reconceptualization of Restorative Justice in The Attorney General's Office of The Republic of Indonesia

Andriyani,

Hartiwiningsih,

Suwadi

2024

RGSA

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Purpose: This article examines the regulatory framework and practical application of restorative justice by the Indonesian Prosecutor's Office. The adoption of restorative justice in Indonesia has been delayed by the legalistic and formalistic nature of the Indonesian Criminal Procedure. Theoretical framework: To address this issue, an Attorney General Regulation has been put in place to oversee and regulate restorative justice practices. Nevertheless, there are still uncertainties regarding the alignment between the Prosecutor's Office's restorative justice concept and its fundamental nature. Methods: This study uses a normative legal methodology to conduct qualitative research. The research indicates that the Prosecutor's Regulations on Restorative Justice are inherently linked to Indonesia's historical framework of law enforcement. Results and Conclusion: Consequently, prosecutors continue to handle minor instances, such as those involving Grandma Minah and Grandpa Samirin, much to the public's discontent. In Indonesia, this is evident in the high concentration of prisons. Research implications: According to this research, there should not be a connection between restorative justice and the resolution of a case. Restorative justice is distinct from the prosecutor's ability to dismiss a case based on the availability of options. Restorative justice aims to reinstate the "initial condition" and safeguard victims. Originality/value: This redirects the emphasis of restorative justice from halting the case to reinstating it. Restorative justice is a criminal framework that enables prosecutors to pursue alternative forms of prosecution and employ non-incarceration penalties. Prosecutors can utilize restorative justice both before and after the legal process, as well as during the legal process.

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Perbuatan Tercela Sebagai Salah Satu Alasan Pemakzulan Presiden Dan/Atau Wakil Presiden Dalam Kajian Hukum Pidana Di Indonesia

Irham

Mulyati

2021

SASI

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The purpose of this study is to find out what is meant by the President and/or Vice President committing a disgraceful act in the concept of criminal law, so that they can be impeached. By using normative legal research and approaches to legal concepts, laws and their history. The results of the research are as follows: First, all actions that are contrary to the Criminal Code are disgraceful acts for the President/Vice President; Second, the religious values, social culture of the Indonesian nation, as well as moral principles in the Criminal Code have been compiled in Pancasila and the 1945 Constitution, therefore any deviation from the behavior of the President/Vice President against the 1945 Constitution is a despicable act; Third, all disgraceful acts of the President/Vice President that violate criminal law offenses are subject to criminal sanctions in accordance with the Criminal Code, so that disgraceful acts that have been formally regulated in the Criminal Code are not the meaning of disgraceful acts as referred to in Article 7A of the 1945 Constitution, because the limitations of criminal acts have been determined can impeach the President/Vice President, namely: corruption, bribery, and other serious crimes; Fourth, the disgraceful act of the President/Vice President in Article 7A of the 1945 Constitution is an act of violating the 1945 Constitution as a reference to the rules of criminal law.

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Analisis Nilai Keadilan Restoratif Pada Penerapan Hukum Adat Di Indonesia

Cited by 4 publications

References 0 publications

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Untitled

Reconceptualization of Restorative Justice in The Attorney General's Office of The Republic of Indonesia

Perbuatan Tercela Sebagai Salah Satu Alasan Pemakzulan Presiden Dan/Atau Wakil Presiden Dalam Kajian Hukum Pidana Di Indonesia

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