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Hendra Wahanu Prabandani
IBLAM School of Law
Humanities Law, Crime, Criminology & Criminal Justice

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Transformasi Paradigma Pemidanaan melalui Pidana Pengawasan dalam UU No. 1 Tahun 2023 Syahqina Al Islamy Asry; Hendra Wahanu Prabandani
Postulat Vol 4 No 2 (2026): POSTULAT: Jurnal Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v4i2.2251

Abstract

The enactment of Law No. 1 of 2023 on the National Criminal Code marks a fundamental shift in the sentencing paradigm in Indonesia through the strengthening of supervised punishment as the primary form of punishment. This study aims to analyse the transformation of the sentencing paradigm within the National Criminal Code and to illustrate its implementation through a case study in Judgment No. 609/Pid.B/2025/PN Kag. Using a normative legal research method, this study examines how supervised punishment are positioned as an instrument of rehabilitation and social reintegration that prioritises restorative justice. The results of this study indicate that probation under the National Criminal Code now functions as an independent principal sentence aimed at rehabilitating the offender without the need for institutional isolation. As an example of its application, Judgment No. 609/Pid.B/2025/PN Kag reflects how sentencing guidelines, such as consideration of the defendant’s personality and the victim’s forgiveness, are actualised in judicial practice. This demonstrates that a new paradigm, one that is more proportionate, humane, and functional, has begun to be internalised within the criminal justice system through the application of non-custodial sanctions that retain their legal enforcea
Implikasi Yuridis Pembentukan Peraturan Daerah atau Peraturan Kepala Daerah Tanpa Proses Harmonisasi Gess Lutfi; Hendra Wahanu Prabandani
Postulat Vol 4 No 2 (2026): POSTULAT: Jurnal Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v4i2.2252

Abstract

This research is motivated by the widespread formation of Regional Regulations and Regional Head Regulations without harmonization by the Regional Offices of the Ministry of Law (Kanwil Kemenkum). Such practices risk creating legal disharmony, overlapping regulations, and violations of the hierarchy of laws as stipulated in Law No. 12 of 2011 on the Formation of Legislation and its amendments. The study aims to analyze the legal status of unharmonized regional regulations, the juridical implications of neglecting harmonization, and the institutional role of the Ministry’s Regional Office in preventing regulatory conflicts. A normative juridical approach was employed, combining statutory, conceptual, and case analyses based on primary and secondary legal materials as well as audit findings from the Ministry’s Inspectorate General (2024–2025). The research confirms that Regional Regulations (Perda) and Regional Head Regulations (Perkada) that have not undergone the harmonization phase retain administrative validity, but contain formal legal flaws. This not only increases the vulnerability to vertical norm conflicts but also degrades the quality of legislation at the regional level. Therefore, the harmonization process is a crucial instrument in protecting the integrity of the national legal system while ensuring coherent synchronization between central and regional policies.
Co-Authors Gess Lutfi Syahqina Al Islamy Asry