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Articles 1 - 8 of 8
Full-Text Articles in Law
Contextualizing Restorative Justice Through Diversion Mechanism: A Study Of Indonesia Juvenile Justice System, Faiz Rahman
Contextualizing Restorative Justice Through Diversion Mechanism: A Study Of Indonesia Juvenile Justice System, Faiz Rahman
Indonesia Law Review
Implementation of restorative justice in the juvenile justice system in many countries has undergone its dynamics in the past few decades, including in Indonesia. The enactment of Indonesia Juvenile Justice System Law in mid-2014, which invalidates the 1997 Juvenile Court Law, became a significant point of juvenile justice reformation in Indonesia. The new Law began to shift the retributive paradigm in the Juvenile Court Law, as the previous statutory basis for juvenile justice in Indonesia, to restorative justice paradigm. The new Law introduces the Diversion mechanism as a means to implement the restorative justice approach. This article seeks to discuss …
Developing A Legal Framework Of Personal Data Protection In The Indonesian Criminal Procedure Law, Josua Sitompul
Developing A Legal Framework Of Personal Data Protection In The Indonesian Criminal Procedure Law, Josua Sitompul
Indonesia Law Review
Searching and seizing voluminous data is a challenge that Indonesian law enforcement authorities should resolve. Indonesia does not have a comprehensive regime on personal data protection. The absence of a coherent legal framework on personal data protection does not negate the obligation of Indonesian law enforcement authorities to protect personal data of Indonesian subjects. However, the absence of the framework may lead to uncertainties or ambiguities on how the authorities should protect personal data. Against the uncertainties and ambiguities, Indonesian law enforcement authorities should resolve issues of voluminous data in obtaining e-information with the prevailing legislation. This article attempts to …
Redressing The Online Transaction Fraud Victim Treatment And Interest Fulfillment In Criminal Justice System, Anton Hendrik Samudra
Redressing The Online Transaction Fraud Victim Treatment And Interest Fulfillment In Criminal Justice System, Anton Hendrik Samudra
Jurnal Hukum & Pembangunan
This article gives idea on how to redress online transaction fraud victim in criminal justice system. The method applied is by looking scholars’ studies, statutes, observation of victimization process and interviewing law enforcement and victim. In several occasions, investigators turned to blame the victim when they report the crime. For several unsolved cases, the victim asked to revoke their report. This caused by investigator’s view that victim recklessness and failure to think what is deservedly suppose is the main cause of the crime. Treatment and interest fulfillment of online transaction fraud victim in criminal justice system should be redressed, such …
Initiating The Utilization Of Restorative Justice In Completing Of The Environmental Crime Cases, Ufran Frans Trisa, Armindo D' Amaral
Initiating The Utilization Of Restorative Justice In Completing Of The Environmental Crime Cases, Ufran Frans Trisa, Armindo D' Amaral
Jurnal Hukum & Pembangunan
Restorative justice is a way to deal with crime by balancing the needs of the community, victims and perpetrators. This is a more holistic solution for trying to understand crime and overcome the dynamics of criminal behavior, its causes and consequences. The focus of restorative justice is empowerment, participation and healing of victims of crime. This paper discusses the possibility of utilizing the concept of restorative justice towards solving environmental crime. Identifying victims of environmental crimes and how they are able to participate in the restorative process. In particular, pay attention to the ideas of the wider community, the sustainability …
Political Party’S Criminal Liability In Indonesia, Nani Mulyati, Topo Santoso
Political Party’S Criminal Liability In Indonesia, Nani Mulyati, Topo Santoso
Indonesia Law Review
In Indonesia, according to civil law, a political party can be a separate legal personality from its members vested with the same legal rights and duties as a legal citizen. They can participate in the economic, politic, legal, and social relationships. If they violate the law, they can also be held responsible. However, it is still very doubtful whether they can be liable in criminal law since they have critical function in the democratic political process as acknowledge by the constitution. This paper examines the position of a political party in their criminal liability, whether they can be prosecuted, and …
Causes And Consequences Of The War On Marijuana In Indonesia, Aristo Marisi Adiputra Pangaribuan, Kelly Manthovani
Causes And Consequences Of The War On Marijuana In Indonesia, Aristo Marisi Adiputra Pangaribuan, Kelly Manthovani
Indonesia Law Review
This article argues that the current narcotics law regime is a factor to blame for the cause of prison overcrowding and unnecessary deprivation of liberty and dignity for its violator with the help of criminal justice tools. Multi-layer category of drug users introduced by the current narcotics law is leaving too much discretion for the law enforcement agency to criminalize marijuana user. Data shows that in Jakarta and Surabaya court alone, all marijuana users are charged with multiple articles and leaving no room for them to escape from a draconian sentence. This paper questions the repressive enforcement used by the …
Kejahatan Dan Hukuman: Tantangan Filosofis Determinisme-Kausal Terhadap Pertanggungjawaban, Syahrul Fauzul Kabir
Kejahatan Dan Hukuman: Tantangan Filosofis Determinisme-Kausal Terhadap Pertanggungjawaban, Syahrul Fauzul Kabir
Jurnal Hukum & Pembangunan
The existence of free will is required to legitimize criminal responsibility both legally and morally. Criminal responsibility, which was constructed through the concepts of actus reus and mens rea (cartesian-dualism) has been questioned by causal-determinism. As through these concepts moral responsibility and criminal practices, philosophically, are legitimized. Determinism, as a comprehensive worldview, closes the possibility of free will's existence. Contemporary science's findings in the fields of genetics, psychology, and neuroscience are increasingly verifying the determinism's thesis, rather than falsifying it. The law's concept embraces folk-psychology in which every actions are weighed ethically even by those who believe in causal-determinism. The …
Lembaga Quasi Non Governmental Organization (Quango) Dalam Sistem Ketatanegaraan Indonesia: Majelis Ulama Indonesia, Ali Abdilah, Rico Novianto
Lembaga Quasi Non Governmental Organization (Quango) Dalam Sistem Ketatanegaraan Indonesia: Majelis Ulama Indonesia, Ali Abdilah, Rico Novianto
Jurnal Hukum & Pembangunan
Quasi Non-Governmental Organization institution or Quango is not as wellknown as other state institutions in Indonesia. However, it does not mean this institution does not exist in Indonesia. This article discusses the existence of Quango institution in Indonesian state institutions, especially Majelis Ulama Indonesia (MUI). This article explains the definition of Quango and the characteristics of Quango in several countries. Moreover, based on this article, it is believed that MUI can be classified as Quango in Indonesia state Institutions. To attain the expected result, this contribution employs normative legal studies by using some literature regarding Quango and its existence in …