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All Journal Bulletin of Community Engagement Kasta: Jurnal Ilmu Sosial, Agama, Budaya dan Terapan
Musmuliadin
Universitas Muhammadiyah Bima, Indonesia
Religion Arts Humanities Education Social Sciences Other

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Ratio Decidendiin Pretrial Decision Number 5/Pid.Pra/PN Mataram: Cancellation of Suspect Determination Due to Invalid Police Report I Wayan Sukardiawan; Musmuliadin; Hajairin Hajairin
Bulletin of Community Engagement Vol. 6 No. 1 (2026): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v6i1.2055

Abstract

Ratio Decidendiin Pretrial Decision Number 5/Pid.Pra/PN Mataram: Cancellation of Suspect Determination Due to Invalid Police Report
Legal Discrimination in Settlement of Children's Cases as a Criminal Act Perpetrator Zainal Arifin; Musmuliadin; Iksan
Bulletin of Community Engagement Vol. 6 No. 1 (2026): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v6i1.2347

Abstract

This article examines discrimination against children in conflict with the law, which remains a serious issue within the juvenile justice system, particularly due to the dominance of a retributive paradigm that positions children primarily as objects of punishment. The study aims to analyze the extent to which the restorative justice paradigm can function as an instrument to eliminate discrimination within the juvenile criminal justice system by emphasizing a comprehensive understanding of its fundamental principles. This research employs a qualitative method with a library-based research design, conducted through the analysis of national legislation, legal doctrines, and relevant international human rights instruments, including the Child Protection Law, the Juvenile Criminal Justice System Law, the United Nations Convention on the Rights of the Child, and the Universal Declaration of Human Rights. The findings indicate that, from a normative perspective, restorative justice is consistent with the principles of non-discrimination, the best interests of the child, and the protection of children’s rights as guaranteed under national and international legal frameworks. This paradigm not only provides an alternative mechanism through diversion but also offers a transformative framework to address and rectify retributive, stigmatizing, and potentially discriminatory tendencies within the juvenile justice system.
Criminological Construction of Motives and Goals of Perpetrators of Criminal Acts of Detention from the Perspective of Modern Realism Theory Ramli; Hajairin; Musmuliadin
Bulletin of Community Engagement Vol. 6 No. 1 (2026): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v6i1.2376

Abstract

This research stems from the academic problem of the limitations of the normative-dogmatic approach in criminal law, which tends to reduce the analysis of the crime of detention to merely fulfilling the elements of the crime, without elaborating on the perpetrator's motives and goals as complex social constructs. In fact, the dynamics of unlawful deprivation of liberty cannot be separated from power relations, opportunity structures, and individual rationality within a specific social context. This research aims to construct the motives and goals of perpetrators of the crime of detention through a synthesis of criminal law and modern realist criminological perspectives, specifically within the framework of Left Realism and Right Realism. The method used is library research with a normative-conceptual approach and theoretical analysis, through a systematic review of international criminal law and criminology literature. The results indicate that the perpetrator's motives reflect structural pressures and social dynamics, while the goals reflect a rational orientation in exploiting criminal opportunities. This theoretical synthesis produces a new construction model that expands the analysis of subjective elements in criminal law and provides academic and practical implications for the development of criminal policies that are more contextual, preventative, and responsive to the root causes of social problems.
Restorative Justice in the Indonesian Criminal Justice System: An Analysis of the Normative Construction of the Criminal Code and the Criminal Code in the Perspective of Pancasila and Legal Reform Muhammad Rifaid; Syamsuddin; Ridwan; Hajairin; Musmuliadin
KASTA : Jurnal Ilmu Sosial, Agama, Budaya dan Terapan Vol. 5 No. 3 (2025): Desember
Publisher : Lembaga Bale Literasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58218/kasta.v5i3.3300

Abstract

Through legal doctrinal research, this paper investigates the normative construction and philosophical foundations of integrating restorative justice in the Indonesian criminal justice system. This study uses legislative, comparative, and conceptual methods to assess the legal structure, consistency, and prospects for the implementation of the National Criminal Code (Law No. 1/2023) and the Criminal Procedure Law (Kitab Undang-Undang Hukum Acara Pidana/KUHAP). The results of the study show a fairly comprehensive normative framework with a strong philosophical foundation based on Pancasila, supported by constitutional clauses and customary law traditions. In particular, this study found that the paradigm transformation from retributive to restorative is reflected in the goal of punishment that emphasizes the restoration of social relationships, the reintegration of perpetrators, and the protection of victims. However, the effectiveness of implementation still faces challenges in the form of regulatory disharmony, limited capacity of law enforcement officials, and the lack of optimal monitoring and evaluation mechanisms for the implementation of restorative agreements. In addition, there are normative gaps related to loss recovery standards, protection of vulnerable groups, and integration of customary law in formal judicial practice. This condition shows that although conceptually restorative justice has acquired strong normative legitimacy, its implementation still requires institutional strengthening and policy harmonization. To ensure effective, equitable, and protection-oriented implementation of human rights, this study proposes a framework for the Pancasila-Based Integrated Restorative Justice System and offers legal policy recommendations that emphasize the integration of structural, substantial, cultural, and procedural dimensions in the national criminal justice system.
Co-Authors Hajairin Hajairin Hajairin I Wayan Sukardiawan Iksan Muhammad Rifaid Ramli Ridwan Syamsuddin Zainal Arifin