Syamsuddin Syamsuddin
Universitas Muhammadiyah Bima, Indonesia

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Ratio Decidendi of Restitution Imposition in Juvenile Crimes from a Restorative Justice Perspective Burhanuddin Mohammad; Syamsuddin Syamsuddin; 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.v6i1.2640

Abstract

Restitution as a mechanism for restoring the rights of victims in juvenile criminal justice systems has garnered significant scholarly attention, yet its application in Indonesian legal practice remains inconsistent and theoretically underdeveloped. This study examines the ratio decidendi underlying judicial decisions that impose restitution in juvenile criminal cases, critically analyzed through the lens of restorative justice theory. Employing a normative juridical methodology complemented by a comparative approach, this research systematically analyzes a corpus of judicial decisions from Indonesian courts, relevant statutory frameworks, and international human rights instruments pertaining to child victims of crime. The findings reveal that Indonesian courts have yet to establish a coherent and uniform ratio decidendi in imposing restitution upon juvenile offenders; judicial reasoning is frequently characterized by discretionary and inconsistent application of legal principles, inadequate balancing of the punitive and rehabilitative imperatives, and insufficient consideration of the victim-centered dimensions of restorative justice. This study further demonstrates that the extant legislative architecture most notably Law Number 11 of 2012 on the Juvenile Criminal Justice System provides an enabling normative foundation for restorative-based restitution, yet systemic implementation gaps persist due to the absence of structured judicial guidelines, limited prosecutorial capacity, and underdeveloped victim support infrastructure. This article contributes to the academic discourse by formulating a comprehensive ratio decidendi framework specifically tailored for restitution in juvenile cases, integrating the principles of proportionality, rehabilitation, reparation, and victim participation. The study concludes with policy recommendations directed at legislators, the Supreme Court of Indonesia, and law enforcement institutions to strengthen the normative and practical framework for restorative restitution in the Indonesian juvenile justice system.
Kebijakan Hukum Pidana tentang Pengenaan Bersamaan Rehabilitasi dan Pidana Pokok terhadap Pelaku Tindak Pidana Narkotika Perspektif Keadilan Dediansyah Dediansyah; Syamsuddin Syamsuddin; Musmuliadin Musmuliadin; Ridwan Ridwan
Bulletin of Community Engagement Vol. 6 No. 2 (2026): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v6i2.2419

Abstract

Narcotics abuse in Indonesia is a multidimensional issue that involves not only criminal justice concerns but also public health challenges. In law enforcement practice, narcotics addicts and abusers are frequently sentenced to imprisonment without adequate consideration of their need for rehabilitation, raising questions regarding justice and the effectiveness of criminal sanctions. This study aims to analyze criminal law policies concerning the simultaneous imposition of rehabilitation measures and principal criminal penalties on narcotics offenders and to evaluate such policies from a justice perspective. The research employs a normative legal method using statutory and conceptual approaches. The data consist of primary, secondary, and tertiary legal materials, which are analyzed qualitatively through a literature-based study. The findings indicate that the Indonesian legal system, through Law Number 35 of 2009 on Narcotics and Law Number 1 of 2023 concerning the Criminal Code, provides a normative basis for the implementation of the double track system, which combines criminal punishment with rehabilitative measures. However, the implementation of this policy remains suboptimal due to differing perceptions among law enforcement officials, limitations in integrated assessment mechanisms, and inadequate rehabilitation facilities. From a justice perspective, the simultaneous imposition of principal penalties and rehabilitation can be viewed as a compromise between retributive, utilitarian, and restorative justice, aiming to balance punishment with offender recovery. Therefore, its application should be carried out proportionally and differentially based on the category of offender, degree of culpability, and level of dependency. Such an approach is expected to promote substantive justice, enhance the effectiveness of narcotics control, and provide more humane protection for society.