Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Perkara: Jurnal Ilmu Hukum Dan Politik Jaksa: Jurnal Kajian Ilmu Hukum Dan Politik
Poppy Fitrijanti Soeparan
Universitas Sains dan Teknologi Komputer, Semarang, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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

Found 2 Documents
Search

 1 
Konstruksi Diskresi Jaksa dalam Penghentian Penuntutan Berdasarkan Keadilan Restoratif: Studi Grounded Theory pada Perkara Pidana Umum Maulana Fahmi Idris; Sri Yulianingsih; Poppy Fitrijanti Soeparan
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol. 4 No. 3 (2026): JULI: Jurnal Kajian Ilmu Hukum dan Politik (JAKSA)
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/djmkyv34

Abstract

This study aims to develop a substantive theory explaining the construction of prosecutorial discretion in the termination of prosecution under restorative justice in Indonesia. Although restorative justice has increasingly been incorporated into contemporary criminal justice systems, the mechanisms through which prosecutors construct and legitimize decisions to discontinue prosecution remain insufficiently understood. Using a grounded theory approach, data were collected through in-depth interviews, document analysis, and theoretical sampling. Data analysis was conducted through iterative stages of initial coding, focused coding, and theoretical coding until theoretical saturation was achieved. The findings reveal that prosecutorial discretion does not operate as a linear administrative procedure but rather as a dynamic and recursive multi-rationality causal system. The study develops a theoretical model termed the Structured Tension–Based Restorative Rationality Mechanism (ST-RRM) , which explains that prosecutorial decisions emerge through the interaction of legal thresholds, restorative validation, relational legitimacy, institutional constraints, and prosecutorial professional identity. The findings indicate that restorative rationality becomes the dominant decision-making logic when three key conditions are simultaneously satisfied: legal eligibility, socially validated victim restoration, and relational legitimacy. Nevertheless, the decision-making process remains embedded within structural constraints, allowing outcomes to be continuously reassessed through institutional and social feedback mechanisms. This study contributes to the literature on prosecutorial discretion by introducing a multi-rationality structured tension theory , conceptualizing discretion as a socio-institutional construction process that integrates legal certainty, victim restoration, and social legitimacy within an adaptive decision-making system.
Juridical Review of the Settlement of Breach of Contract Cases in Online Sale and Purchase Agreements Based on Civil Law in Indonesia Athiyah Salwa; Poppy Fitrijanti Soeparan
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 4 No. 2 (2026): Juni : Jurnal Ilmu Hukum dan Politik (PERKARA)
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/4rr5jr25

Abstract

The rapid development of information technology has significantly increased online buying and selling transactions in Indonesia, which has also led to various legal issues, particularly breaches of contract between sellers and buyers. The digital nature of these transactions, involving electronic systems and third parties such as marketplace platforms, creates additional complexity in dispute resolution. This study aims to analyze the legal regulation of breach of contract in online sale and purchase agreements based on Indonesian civil law, examine the mechanisms used to resolve such disputes, and assess their effectiveness in practice. This research employs a normative legal method using statutory, conceptual, and case approaches, with data derived from primary, secondary, and tertiary legal materials, supported by the analysis of 10 to 15 court decisions selected through purposive sampling, as well as literature study and in-depth interviews. The findings indicate that the resolution of breach of contract cases in online transactions still relies on general civil law principles, with certain adaptations to digital aspects such as electronic evidence and the involvement of marketplace platforms. However, in practice, there are variations in judicial considerations, particularly regarding evidentiary strength and the legal construction of the parties’ relationship, which suggests challenges in achieving consistency and legal certainty. This study contributes to the development of civil law in the digital era by providing a more contextual understanding of dispute resolution in online transactions and is expected to serve as a reference for legal practitioners, academics, and policymakers in formulating more adaptive and responsive legal frameworks. 
Co-Authors Athiyah Salwa Maulana Fahmi Idris Sri Yulianingsih