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Rahtami Susanti
Faculty of Law, Muhamadiyah University Purwokerto

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PERLINDUNGAN HUKUM TERHADAP JUSTICE COLLABORATORDALAM KASUS PEMBUNUHAN BERENCANA (Studi Pada KasusRichard Eliezer) Gagah Putra Perdana; Rahtami Susanti
Wijayakusuma Law Review Vol. 5 No. 1 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.t0e42a43

Abstract

Justice Collaborator is often interpreted as “Crown Witness”. The case of the premeditated murder of BrigadierNofriansyah Yosua Hutabarat in 2022 became a hot topic of conversation among the Indonesian people,involving high-ranking police officers and their aides, one of the perpetrators, namely Richard Eliezer, thenventured to volunteer to become a Justice Collaborator to reveal the facts about the premeditated murderincident. the. Justice Collaborator usually reveal certain crime cases that are categorized as extraordinarycrimes or extraordinary crimes in Indonesia, where Justice Collaborator play an important role, especiallyassisting law enforcers such as investigators and public prosecutors, from the process of investigation,investigation, to examination at trial, witnesses play a role is so important that it is often the determiningreason when uncovering the case. The type of research used in this study is Normative Juridical research whichbases its analysis on Law Number 31 of 2014 Concerning the Protection of Witnesses and Victims, Article 340of the Criminal Code, and Supreme Court Circular Letter Number 4 of 2011 which is valid and relevant to thelegal issues that become focus of research Legal protection for Justice Collaborator in premeditated murdercases. Legal protection is a form of service that must be provided by the government to provide a sense ofsecurity to every citizen. LPSK provides full protection for Richard Eliezer in protecting Richard Eliezer duringthe trial process. all the things he knows about a problem, be it who is the main actor and so on, so that the casebecomes clear.
Hukuman Mati Menurut Undang-Undang Nomor 1 Tahun 2023 Tentang KitabUndang-Undang Hukum Pidana Dalam Perspektif Hak Asasi Manusia Daffa Rizky Dewanto; Rahtami Susanti
Wijayakusuma Law Review Vol. 5 No. 1 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.w1ec3b97

Abstract

Indonesia is a country that acknowledges the existence of Human Rights, but this does not lead to the abolishmentof the death penalty in its positive law. Both the old and new Criminal Codes (KUHP) still regulate the deathpenalty, albeit in different concepts. This research aims to identify the differences between the death penalty in theold and new Criminal Codes and to understand and analyze the death penalty in the new Criminal Code from ahuman rights perspective. The research employs a normative juridical method. The findings indicate that thedeath penalty in the new Criminal Code is no longer the primary punishment as in old Criminal Codes and has beenreplaced with an alternative penalty. Under the new Criminal Code, those sentenced to death will undergo aprobationary period of 10 (ten) years, and if they demonstrate good behavior during this period, the death penaltywill be commuted to life imprisonment or imprisonment for 20 (twenty) years. This change is motivated by theperception that the death penalty constitutes a violation of human rights.
Studi Komparatif Penerapan Restorative Justice Di Negara IndonesiaDan Amerika Serikat Andika Ramadhani Wibowo Mukti; Rahtami Susanti
Wijayakusuma Law Review Vol. 5 No. 1 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.2fy28w90

Abstract

The concept of restorative justice is increasingly developing and being adopted by several countries in the worldwith different names, the United States calls it victim offender mediation, while in Indonesia it is known as theconcept of restorative justice. This study aims to find out the differences between the legal systems of Indonesiaand the United States, as well as find out the similarities and differences of restorative justice in Indonesia and theUnited States. The research method used is normative juridical with a comparative approach. The results of thestudy show that the differences in the legal systems in Indonesia and the United States are influenced by the formof the state, Indonesia with the form of a republican unitary state that adheres to a civil law legal system, in whichwritten legal regulations are used as laws and legal basis that must be obeyed by all citizens within the territory ofthe unitary Indonesia. Whereas the United States as a federal country that adheres to the common law legalsystem, has several laws that serve as its basis, federal law as the highest state law that applies to all states, andstate law that only applies to each state. In the application of restorative justice, Indonesia and the United Stateshave similarities, namely, its application is limited to minor crimes and applies to both juvenile and adult justice,the application of restorative justice aims as an effort to reduce inmates to prevent overcapacity in detentioncenters. The difference in the application of restorative justice in Indonesia is that laws regarding restorativejustice apply to all communities and regions within the scope of the unitary state, whereas in the United Stateseach state has different laws regarding the application of restorative justice, there are at least forty-five out offifty states that have incorporated restorative justice into state laws.
PENDAMPINGAN OLEH BALAI PEMASYARAKATAN (BAPAS)KELAS II PURWOKERTO TERHADAP ANAK YANGMELAKUKAN KEKERASAN MENGAKIBATKAN MATINYAKORBAN(STUDI PUTUSAN NOMOR : 3/PID.SUS-ANAK/2021/PN.PBG) Muhammad Rifaldi; Rahtami Susanti
Wijayakusuma Law Review Vol. 5 No. 1 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.gyje0p38

Abstract

Assistance by the Purwokerto Correctional Center for child perpetrators of RP (17 years) whocommitted violence resulting in the death of the victim was carried out from the Pre-adjudication,Adjudication, Post-adjudication stages in accordance with the provisions of Law number 11 of 2012concerning the Juvenile Criminal Justice System. This study aims to find out the assistance by thePurwokerto Correctional Center for children who committed violence resulting in the death of the victimin decision number 3/Pid.Sus-Anak/2021/PN.Pbg and the constraints of the Purwokerto CorrectionalCenter in assisting children which resulted in the death of the victim in decision number 3/Pid.SusChild/2021/PN.Pbg. The type of research used is empirical juridical with the main data source beingprimary data. The results of the research show that the Purwokerto Correctional Center has providedassistance since the RP was investigated at the police office, examination at trial until after the courtdecision. The obstacle faced by the Purwokerto Correctional Center in assisting RPs is the existence ofRPs which are difficult for assistants to reach because their houses are in mountainous areas wherecommunication facilities and road infrastructure are difficult for PKs to access.
Co-Authors Andika Ramadhani Wibowo Mukti Daffa Rizky Dewanto Gagah Putra Perdana Muhammad Rifaldi