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All Journal Jurnal Suara Hukum Jurnal JURISTIC (JuJUR)
Kholilur Rahman
Fakultas Hukum, Universitas Pembangunan Nasional Veteran Jawa Timur
Law, Crime, Criminology & Criminal Justice

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Pengaruh Opini Publik di Media Sosial terhadap Independensi Hakim dalam Memutus Suatu Perkara (Perspektif Rule of Law dan Rule of Ethics) Kholilur Rahman; Markus Suryoutomo; Muhammad Saiful Islam
Jurnal JURISTIC Vol 6, No 02 (2025): Jurnal JURISTIC
Publisher : PSHPM Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jrs.v6i02.6499

Abstract

The current digital era, the use of social media has proliferated, where many people use social media such as Facebook, Instagram, Twitter, or other media to express their opinions. Moreover, as stated in Article 28 E of the 1945 Constitution, freedom of expression has been guaranteed by law that everyone has the freedom to associate, assemble, and express opinions. This study will discuss the impact of public opinion through social media on the integrity of judges in making decisions (in the perspective of the rule of law and the rule of ethics). Because, in principle, judges must, of course, be based on relevant facts and legal rules that are used as a juridical basis in making decisions. Not being swept away in public opinion and/or not being influenced by issues that develop on social media because unfair decisions will have an impact on the judiciary and the people who are affected by the decision. So, in this case, the profession of judges is tied to the rule of law and the rule of ethics, which basically aims to maintain the dignity of judges and the nobility of the profession of judges. The research method used is normative, using statutory, conceptual, and case study approaches.
The Urgency of the Confidentiality Principle in Restorative Justice Mechanisms Kholilur Rahman; Arum Ayu Lestari; Markus Suryoutomo
Jurnal Suara Hukum Vol. 8 No. 1 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v8n1.p221-249

Abstract

One of the legal issues that is interesting and rarely receives attention in the application of restorative justice is the confidentiality principle. In international provisions, it is regulated in Paragraph 14 of the United Nations Basic Principles and in Paragraph 2 of the Council of Europe Recommendation. In several countries, such as the United States, Belgium, and others, it has attracted the attention of legal scholars. In contrast, research in Indonesia has yet to adequately address or explore this principle in detail. Accordingly, it is both relevant and necessary to investigate the significance of this principle within restorative justice mechanisms. The discussion begins with an exploration of the underlying legal rationale (ratio legis) behind the principle of Confidentiality in models of restorative justice, followed by an analysis of the urgency of reformulating restorative justice provisions within the Indonesian criminal justice system in a way that guarantees this principle. This study employed a normative legal research method, supported by several approaches, including the statute approach, comparative approach, and conceptual approach. The legal materials used consist of both primary and secondary legal sources. The main contribution of this research lies in its role as part of the law that ought to be (ius constituendum) for the reform of criminal procedure law in Indonesia.
Co-Authors Arum Ayu Lestari Markus Suryoutomo Muhammad Saiful Islam