Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal JHR (Jurnal Hukum Replik) Lex Scientia Law Review
Muhammad Azil Maskur
Faculty of Law, Universitas Diponegoro
Law, Crime, Criminology & Criminal Justice

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

Found 2 Documents
Search

 1 
Ideological Struggle in The Principle of Material Legality of the New Indonesian Criminal Code and its Future Muhammad Azil Maskur; Pujiyono Pujiyono; Irma Cahyaningtyas; Wildan Azkal Fikri; Firsta Rahadatul ‘Aisy
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.19743

Abstract

This article emerged from the authors’ hypothesis that the principle of legality in the new Indonesian criminal code is complex to apply due to its reliance on four foundational principles: Pancasila, UUD NRI 45, human rights, and the general principles of law. To prove this hypothesis, the authors use the theory of ideology to analyze the battle of values, ideas, and motives in the four. Based on the authors’ reading, the new Indonesian criminal code has expanded the principle of legality into two, namely, the principle of formal and material legality. In the next instance, the authors identified an ideological struggle in the principle of material legality of the new Indonesian criminal code, which encompasses the clash of personal, political, and legal policy ideologies. Therefore, the principle of material legality is challenging to implement because competing ideologies often counteract one another. Finally, the authors recommend that the principle of legality be enforced by allowing power-sharing in legal jurisdiction between the Indonesian government and Indigenous law people.
Too Old to Punish? Reconsidering Rechterlijk Pardons for Elderly Offenders Angga Angga; Muhammad Azil Maskur; Ridwan Arifin; Muhammad Nuruddin Ahmad Zaki
Jurnal Hukum Replik Vol 13 No 2 (2025): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i2.15864

Abstract

The introduction of rechterlijk pardon (judicial pardon) within the reformed Criminal Code represents a significant legislative shift toward mitigating the punitive burden on elderly offenders. This study explores the intersection of judicial leniency and restorative justice, evaluating how the suspension of imprisonment can facilitate the rehabilitation of the perpetrator while addressing the victim's needs. Utilizing a normative juridical method with a qualitative approach, the research analyzes primary legal instruments—specifically the new Indonesian Criminal Code—alongside secondary legal literature and comparative jurisprudence. Data validity is ensured through theoretical and source triangulation. The findings indicate that while the current legal framework explicitly permits judicial pardon for offenders aged 75 and over, a gap exists regarding those under this threshold who suffer from age-related physical and psychological decline. The study argues that the application of rechterlijk pardon should not rely solely on chronological age but should integrate restorative justice principles to achieve “win-win” outcomes. This research contributes to the discourse on geriatric criminology and legislative reform by proposing a more nuanced, health-based criteria for judicial discharge. It offers a framework for judges to balance statutory requirements with the human rights of elderly defendants, advocating for a restorative model that moves beyond mere incarceration toward social reintegration.
Co-Authors Angga Angga Firsta Rahadatul ‘Aisy Irma Cahyaningtyas Muhammad Nuruddin Ahmad Zaki Pujiyono Pujiyono Ridwan Arifin Wildan Azkal Fikri