Genuine paradigm of criminal justice: rethinking penal reform within Indonesia New Criminal Code

Faisal,; Yanto, Andri; Rahayu, Derita Prapti; Haryadi, Dwi; Darmawan, Anri; Manik, Jeanne Darc Noviayanti

doi:10.1080/23311886.2023.2301634

Cited by 2 publications

(1 citation statement)

References 43 publications

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“…It is relevant to the theory of crime prevention, which emphasizes the importance of proportional punishment to prevent crime (Melander, 2023). These adjustments are not only a reflection of economic changes but also part of efforts to modernize the criminal justice system in Indonesia (Faisal et al, 2024). The implementation of Law Number 1 of 2023, effective from January 2, 2026, will be a crucial moment to observe the effectiveness of these adjustments in the practice of criminal law in Indonesia.…”

Section: B Types and Punishments Of Theft Offenses In The Old Penal C...mentioning

confidence: 99%

Resolution of Theft Cases Using Restorative Justice Approaches in Court

Bahari,

Surbakti,

Iksan

2024

AIJIH

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This research aims to understand how theft cases are resolved using the restorative justice approach in court. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that resolving theft cases with a restorative justice approach in court offers a new paradigm that not only focuses on applying retributive justice but prioritizes the processes of restoration and reconciliation between the Accused and the Victim. Through the implementation of Supreme Court Regulation Number 1 of 2024, the stages of case resolution with restorative justice from trial preparation to creating a restorative agreement ensure that the justice pursued is restorative. The effectiveness of this approach depends on the Victim’s willingness to forgive the Accused, the restoration of losses suffered by the Victim, and the Accused’s status as a non-recidivist. Therefore, it is recommended that Judges proactively facilitate dialogue between the Accused and the Victim and ensure that the restorative agreement adheres to the principles of proportionality and substantive justice. Public Prosecutors should more actively identify cases suitable for restorative resolution and prepare proof and physical evidence carefully to support the mediation process. The Accused and the Victim are encouraged to participate openly and honestly in mediation. In particular, The Victim needs encouragement to state their losses and needs clearly, and to consider the option of reconciliation as a step towards recovery. Finally, the community is expected better to understand the benefits and processes of restorative justice, thereby providing broader support for a criminal justice system oriented not only towards delivering retributive justice but also towards restoration and repairing social relationships in the future.

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Section: B Types and Punishments Of Theft Offenses In The Old Penal C...mentioning

confidence: 99%

Resolution of Theft Cases Using Restorative Justice Approaches in Court

Bahari,

Surbakti,

Iksan

2024

AIJIH

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The Urgency of Enacting Government Regulation on Community Service Sentence in Indonesian under the New Penal Code

Laia

2024

sjh

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This research aims to contribute by providing a conceptual framework for drafting government regulations on community service sentences from an Indonesian criminal law perspective while also drawing comparisons with practices in Canada and the Netherlands. A normative legal research method is employed, involving a qualitative analysis of the collected legal materials. The findings indicate that community service sentences in Law Number 1 of 2023 signify a paradigm shift in the Indonesian criminal justice system towards a more humane and restorative approach. Comparisons with Canada and the Netherlands offer valuable insights into the effective and just imposition of community service sentences. The principles of restorative justice and utilitarianism, along with the comprehensive regulations in the Canadian Criminal Code and the Wetboek van Strafrecht, can serve as references in formulating robust government regulations in Indonesia. The urgency of establishing these government regulations is underpinned by the need for legal certainty, human rights protection, and optimization of the benefits of community service sentences for convicted individuals, ensuring that this sentence is not merely an alternative punishment but also an effective instrument in achieving the rehabilitation and social reintegration of offenders. Therefore, it is recommended that the Government promptly formulate Government Regulations on community service sentences, considering best practices from other countries and paying attention to relevant laws. It is also recommended that the House of Representatives consider amending Law Number 8 of 1981 regarding the regulation of community service sentence implementation to ensure harmony and legal clarity between the Criminal Procedure Code and the New Penal Code and to provide a solid legal basis for the Public Prosecution Service in carrying out its supervisory duties.

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Genuine paradigm of criminal justice: rethinking penal reform within Indonesia New Criminal Code

Cited by 2 publications

References 43 publications

Resolution of Theft Cases Using Restorative Justice Approaches in Court

Resolution of Theft Cases Using Restorative Justice Approaches in Court

The Urgency of Enacting Government Regulation on Community Service Sentence in Indonesian under the New Penal Code

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