Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
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This Author published in this journals
All Journal Journal of Law and Legal Reform Indonesian Journal of Criminal Law Studies
Nahdiya Sabrina
Faculty of Law, Universitas Merdeka Malang
Law, Crime, Criminology & Criminal Justice

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Customary Council Decisions as Grounds for the Elimination of Prosecution: Notes on the Criminal Procedure Code Aris Hardinanto; Zico Junius Fernando; Nahdiya Sabrina; Eka Nugraha Putra; Benny Sumardiana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.31803

Abstract

This article examines whether decisions issued by customary councils should constitute a legal ground for the elimination of prosecution under Indonesia’s Law No. 20 of 2025 on the Criminal Procedure Code. Following the enactment of Law No. 1 of 2023 on the National Criminal Code, customary criminal law has been formally recognized as part of Indonesian living law. However, the Criminal Procedure Code does not provide procedural provisions governing the relationship between customary justice mechanisms and the state criminal justice system. Using normative legal research with statutory and case approaches, this study analyzes Supreme Court jurisprudence recognizing customary decisions as a valid basis for eliminating prosecution. The findings indicate that the lack of procedural recognition creates legal uncertainty and undermines the principle of legal pluralism. Therefore, this article proposes the inclusion of a specific provision in the Criminal Procedure Code that recognizes customary council decisions as a ground for eliminating prosecution when the offender has complied with the imposed customary sanction.
Critical Analysis of Living Law Formulation in Law No. 1 of 2023 Concerning the Criminal Code: Towards Law Reform to Realize Justice with the Spirit of Pancasila Aris Hardinanto; Barda Nawawi Arief; Joko Setiyono; Zico Junius Fernando; Nahdiya Sabrina
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.13923

Abstract

The government is trying to reform national law in the field of criminal law by drafting a Criminal Code Bill (RUU KUHP) to replace Wetboek van Strafrecht. The culmination of this preparation was the promulgation of the Criminal Code Bill on January 2, 2023, through Law No. 1 of 2023 concerning the Criminal Code (KUHP). However, there are not many articles that discuss the process and critical analysis of living law formulation as stated in the provisions of Article 2 of the Criminal Code and their explanations. The research method used was legal research with statute, historical, comparative legal, and conceptual approaches. The results of this research conclude that the living laws are formulated inconsistently in terms of scientific substance. In order to make this formulation can realize justice based on Pancasila, it can be achieved in several ways. First, there is a need to reinterpret living legal concepts by involving experts in customary law, legal anthropology, legal sociology, and interdisciplinary legal researchers. Second, redefining the meaning of law that lives within the body of the Criminal Code is not limited to customary law, especially the principle of legality, but also includes customary law and traditional laws in traditional societies. Third, formulating formal law/criminal procedural law as the enforcer of material criminal law/National Criminal Code by re-establishing and recognizing customary courts in the Indonesian criminal justice system whose application in society is to realize the fifth principle of social justice for all Indonesian people from Pancasila.
Co-Authors Aris Hardinanto Aris Hardinanto Barda Nawawi Arief Benny Sumardiana Eka Nugraha Putra Fernando, Zico Junius Joko Setiyono