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All Journal Jurnal Hukum Lex Generalis Interdisciplinary Social Studies Jurnal Hukum Indonesia
Gunadi Rasta
Universitas Swadaya Gunung Jati
Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Judicial Considerations Regarding Criminal Sentences Involving Community Service Under The National Criminal Code Ilham Shofil Fuadi; Sanusi Sanusi; Gunadi Rasta
Interdisciplinary Social Studies Vol. 5 No. 3 (2026): Interdisciplinary Social Studies
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i3.1152

Abstract

This study examines the implementation of Article 85 paragraph (2) of the Indonesian Criminal Code in judicial decisions concerning social work punishment. The background of this research is rooted in the paradigm shift of Indonesian criminal law from retributive justice toward rehabilitative and restorative justice, particularly through the introduction of social work punishment as an alternative to imprisonment. The objective of this study is to analyze the extent to which judges internalize the normative parameters stipulated in Article 85 paragraph (2) in their legal considerations. This research employed a normative legal method supported by a case approach, analyzing three court decisions and complemented by limited interviews with legal practitioners. The results indicate that judicial consideration in Decision Number 1/Pid.C/2026/PN Mbn and Decision Number 4/Pid.C/2026/PN Ksp remains partial, as judges only consider limited factors such as confession and ability to pay fines, while other mandatory elements are not explicitly analyzed. In contrast, Decision Number 78/Pid.B/2025/PN Pps demonstrates a more comprehensive application of the normative parameters. The discussion reveals inconsistencies in the internalization of criminal individualization principles, which may affect sentencing quality and legal certainty. In conclusion, judges have not fully and systematically applied Article 85 paragraph (2), highlighting the need for stronger interpretative consistency, clearer technical guidelines, and improved institutional support to ensure the effective implementation of social work punishment within the Indonesian criminal justice system.
The Effectiveness and Legal Certainty of ETLE Sanctions in Indramayu in the Context of Vehicle Constraints That Have Not Changed Their Name Aldi Ferdiansyah; Waluyadi Waluyadi; Gunadi Rasta
Jurnal Hukum Indonesia Vol. 5 No. 3 (2026): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v5i3.2861

Abstract

The implementation of Electronic Traffic Law Enforcement (ETLE) has become an important innovation in improving transparency, efficiency, and accountability in traffic law enforcement. However, the effectiveness of ETLE implementation still faces challenges related to legal certainty, particularly concerning vehicles that have undergone ownership transfers but have not completed administrative name changes. This condition may result in sanctions being imposed on previous vehicle owners who are not the actual perpetrators of traffic violations, potentially creating injustice in the law enforcement process. This study aims to analyze the effectiveness and legal certainty of ETLE sanctions in Indramayu Regency, including the legal basis, implementation mechanisms, and factors that hinder the enforcement process. This research employed a qualitative method with an empirical juridical approach. Data were collected through legal document analysis, observations at the Indramayu Police Traffic Unit, interviews with ETLE officers, and questionnaires distributed to road users. The results showed that ETLE implementation has improved the efficiency of traffic law enforcement, reduced direct interactions between officers and traffic violators, and increased transparency through the use of electronic evidence. However, legal certainty has not been fully achieved due to inaccurate vehicle ownership data, technical limitations in license plate recognition, limited camera coverage, and low public understanding of ETLE procedures. In conclusion, ETLE provides significant benefits for modern traffic law enforcement; however, improvements in vehicle administration systems, technological infrastructure, and public legal awareness are required to ensure that sanctions are imposed fairly, accurately, and in accordance with applicable legal principles
Analisis Yuridis atas Tidak Dilaksanakannya Putusan Pidana yang Telah Berkekuatan Hukum Tetap dalam Perspektif Kepastian Hukum Adib Adib; Sanusi Sanusi; Gunadi Rasta
Jurnal Hukum Lex Generalis Vol 7 No 10 (2026): Tema Filsafat, Politik dan Etika Profesi Hukum
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i10.3722

Abstract

This study aims to analyze the factors causing the non-implementation of criminal decisions that have permanent legal force and examine the legal consequences that arise from the perspective of legal certainty. The research method used is normative juridical. The results of the study indicate that the non-implementation of criminal decisions that have permanent legal force is caused by the defendant not being in the detention process, so that after the decision has permanent legal force, the defendant goes into hiding or runs away; the defendant during the trial process until after the verdict is read out his status is still under city or house arrest; and the defendant runs away during the trial stage. The legal consequence of the non-implementation of criminal decisions that have legal force is that the state risks losing the authority to carry out criminal penalties due to the passing of the expiration of the grace period.
Co-Authors Adib Adib Aldi Ferdiansyah Ilham Shofil Fuadi Sanusi Sanusi Waluyadi Waluyadi