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All Journal Al-MIKRAJ: Jurnal studi Islam dan Humaniora Prosiding Seminar Nasional Ilmu Pendidikan
Hawina Romli
Universitas Sebelas Maret
Arts Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Tindak Pidana Perzinahan Di Indonesia Dari Perspektif Sosiologi Hukum Hawina Romli; Rahayu Subekti
AL-MIKRAJ Jurnal Studi Islam dan Humaniora (E-ISSN 2745-4584) Vol. 5 No. 01 (2024): AL-Mikraj Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v5i01.5892

Abstract

The values underlying the understanding of the crime of adultery in the Criminal Code are still strongly influenced by Western values. The law that applies in society must take into account the values that are prevalent in the community where the law develops. Legal policy is an integral part of social policy, where the main objective is the safety and well-being of the community. Therefore, legal policies regarding the crime of adultery must also take into account the values, culture, and social structure that have already been established. The formulation of the crime of adultery and its renewal must be verified through sociological approaches. This type of research is normative with the characteristics of prescriptive research, and the analysis technique used is the deductive method. The crime of adultery has been revised in the new Criminal Code, which includes an expansion of the material that differs from the old Criminal Code. That the offense of adultery in the latest Criminal Code already meets and reflects the values, norms, morals, and religion of Indonesian society.
Pancasila Philosophy As A Basis For The Implementation Of Restorative Justice In The Settlement Of Environmental Criminal Cases Hawina Romli; Rahayu Subekti
Prosiding Seminar Nasional Ilmu Pendidikan Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Pendidikan
Publisher : Asosiasi Riset Ilmu Pendidikan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/prosemnasipi.v1i2.65

Abstract

This study aims to examine the potential of restorative justice to resolve environmental criminal violations from the perspective of Pancasila philosophy, exploring relevant concepts so that they can be applied in the process of resolving environmental criminal cases. The type of research used is normative or doctrinal legal research. Normative research is research that usually uses documents as sources of legal materials such as laws and regulations, court decisions, legal theories, and opinions of legal scholars. The restorative justice approach in resolving environmental criminal cases can only be applied to formal offenses in Article 100. The concept of Restorative Justice is in accordance with the 4th Principle, namely deliberation which contains the principles of conferencing, search solutions, reconciliation, repair and circles (mutual support).
Co-Authors Rahayu Subekti