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Kajian Yuridis terhadap Penerapan Restorative Justice pada Pelajar Pelaku Tindak Pidana Tawuran Perspektif Undang-Undang Nomor 20 Tahun 2025 Sintia Mona Pratama; Rusman Rusman; Mumuh M Rozi; Kuswandi Kuswandi
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 3 No. 2 (2026): Juni: Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v3i2.1766

Abstract

The implementation of restorative justice for students involved in criminal acts of brawling has become an important legal issue in Cianjur Regency due to the increasing number of juvenile violence cases. Conventional criminal justice mechanisms that emphasize punishment are often considered ineffective in addressing the root causes of juvenile delinquency and may create long-term social stigma for students. This study aims to analyze the legal regulation of restorative justice for student brawl offenders under Law Number 20 of 2025, identify the obstacles encountered by the Cianjur Police in its implementation, and examine preventive measures undertaken to reduce student violence. The research employs a juridical-sociological method with a descriptive-analytical approach. Data were collected through literature studies, field observations, and interviews with relevant stakeholders involved in handling student brawl cases within the jurisdiction of the Cianjur Police. The findings indicate that restorative justice has a strong legal foundation under Law Number 20 of 2025, provided that formal and substantive requirements are fulfilled. The primary challenges are technical and situational in nature, particularly regarding the consistency of parties during mediation and the monitoring of post-agreement implementation. The study further finds that preventive and pre-emptive strategies involving schools, families, communities, and local government institutions contribute significantly to reducing student brawls. The study implies that strengthening inter-agency coordination and optimizing restorative justice mechanisms are essential to ensuring child protection, promoting social reintegration, and creating a more humane and equitable juvenile justice system.
Pertanggungjawaban Pidana Anggota Militer atas Tindak Pidana Femisida dalam Perspektif Hukum Pidana dan Putusan Pengadilan Militer Neng Anisa Fitri Nurdiani; Tanti Kirana Utami; Mumuh M Rozi
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 3 (2026): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i3.1793

Abstract

Femicide is the most extreme form of gender-based violence because it results in the loss of women's lives due to power relations, domination, and gender inequality. This phenomenon has become a serious issue, particularly when committed by military personnel who are responsible for maintaining discipline, upholding institutional honor, and protecting society. This study aims to analyze the factors causing femicide, the forms of criminal liability of military personnel under general criminal law and military criminal law, and the judges' considerations in imposing criminal sanctions based on Military Court Decision Number 11-K/PM.I-06/AL/IV/2025. This research employs a normative juridical method using statutory, literature, and court decision approaches with a descriptive-analytical nature. The findings indicate that femicide is influenced by personal, situational, and patriarchal cultural factors that place women in vulnerable positions. Criminal liability for military personnel is not only based on general criminal law but also on military criminal law, which emphasizes discipline, hierarchy, and institutional honor. In the case examined, the perpetrator was sentenced to life imprisonment and an additional sanction of dismissal from military service. This study emphasizes the importance of firm, fair, and gender-sensitive law enforcement to strengthen the protection of women and maintain the integrity and honor of military institutions.