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Penerapan Kelima Nilai Pancasila Dalam Putusan Hakim Di Indonesia Sujatmiko, Bagus; Muhammad Nurulloh Jarmoko; Syifa Alam
Jurnal Civic Hukum Vol. 9 No. 2 (2024): Vol 9 No 2 November 2024
Publisher : University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/jch.v9i2.33162

Abstract

This research aims to understand the values of Pancasila and apply those values in the drafting of judicial decisions by judges. This study is conducted using a normative juridical method, which is a type of research that analyzes or examines the internal aspects of the prevailing law. Pancasila is the foundation of the State and the ideology that serves as a guide in various aspects of life in Indonesia. As the country's philosophical foundation, Pancasila emphasizes universal values such as justice, unity, democracy, humanity, and belief in Almighty God. A judge's decision is a written document drafted by the judge as a reflection of the judge's intellectual and moral considerations, with the purpose of upholding justice in society. The process of making a judicial decision consists of three main stages: case examination, judges' deliberation, and the formulation of the decision. The values of Pancasila, which include belief in God, humanity, unity, democracy, and social justice, are fundamental to national and state life, including in the drafting of judicial decisions. Judges are obligated to reflect these values in the judicial process to achieve justice that aligns with moral and ethical principles. Judicial decisions must apply the values of Pancasila because Pancasila is the state's ideological foundation, which serves as the philosophical, ethical, and normative basis for national life in Indonesia. As the source of all legal sources, Pancasila imbues the Indonesian legal system, including the judicial process.
Analysis of Work Posture tn the Car Body Assembly Process Using the Rapid Entire Body Assessment Method Sujatmiko, Bagus; Akmal Suryadi
Journal La Multiapp Vol. 5 No. 6 (2024): Journal La Multiapp
Publisher : Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journallamultiapp.v5i6.1599

Abstract

CV. Faisyal Putra Mandiri located at Kandangan Rejo Lebar street No.11 Surabaya City, is one of the manufacturing industry companies engaged in car body production. In their work activities there are still workers who do not apply ergonomic work postures while working. Unergonomic work positions can cause some parts of the body to not be in their normal position so that they are very vulnerable to musculoskeletal disorders. To overcome these problems, work posture improvement is carried out. Based on the results of the study, it was found that after simulating the use of tools in the metal cutting process, namely the Hydraulic Scissor Lift Table, it can reduce the risk of worker injury through a final REBA value of 7 with a moderate risk level to a final REBA value of 2 with a low risk level. Then in the welding process can reduce the risk of worker injury through the final REBA value of 9 with a high risk level to the final REBA value of 3 with a low risk level. In addition, it is recommended to use a chair as a tool, which is proven through work simulation to reduce the risk of injury. In metal cutting, the REBA value drops from 7 with a moderate risk level to 3 with a low risk level, and in welding, from 9 with a high risk level to 3 with a low risk level.
Transforming Amicus Curiae Through an Experimental Jurisprudence Framework in Judicial Decision-Making Susilo, Erwin; Sujatmiko, Bagus; Arifin, Zaenal
JURNAL USM LAW REVIEW Vol. 8 No. 3 (2025): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v8i3.12689

Abstract

This study examines the contemporary role of amicus curiae in strengthening judicial reasoning through the integration of the Experimental Jurisprudence (X-Jur) framework within the Indonesian legal system. The research addresses the absence of explicit regulations governing amicus curiae despite its increasing use in high-profile cases, creating inconsistencies in judicial treatment and undermining normative clarity. Using a normative legal method complemented by statutory, conceptual, comparative, and case approaches, this study analyzes the doctrinal position of amicus curiae and evaluates its potential as an epistemic instrument that enriches judicial deliberations with empirical, psychological, and social perspectives. The findings demonstrate that amicus curiae provides valuable epistemic input that enhances judicial reflection; however, its current acceptance remains discretionary and fragmented due to the lack of procedural guidelines. The integration of X-Jur reveals a strong empirical connection between public perceptions of justice and judicial reasoning, offering a data-driven foundation for improving the legitimacy and social responsiveness of court decisions. The novelty of this research lies in conceptualizing amicus curiae as a methodological bridge between normative doctrine and empirical cognition, and in proposing a regulatory model—through a Supreme Court Regulation—that institutionalizes amicus curiae as a formal mechanism within Indonesia’s civil law tradition. This framework is essential for strengthening transparency, judicial reflectiveness, and the pursuit of substantive justice in modern adjudication.  
Restorative Justice: Antithesis or New Face of The Punishment Model? Susilo, Erwin; Sujatmiko, Bagus; Mawla Ibnu Kamali , Karell
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 14 No. 2 (2025)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v14i2.31892

Abstract

Restorative Justice is increasingly adopted to overcome the limitations of retributive punishment, which emphasizes inflicting suffering on offenders. However, a fundamental theoretical debate remains regarding the ontological status of Restorative Justice: whether it is merely a non-penal mechanism outside the concept of punishment or a transformative form of punishment within the modern penal framework. This research examines this debate by determining the proper positioning of Restorative Justice in modern sentencing policy. The purpose of this study is to reconstruct the penal paradigm by integrating restorative, utilitarian, and moral-communitarian values into a more humane and inclusive system of punishment. Using normative legal research with a conceptual approach, this study analyzes theories, legislation, and judicial practices related to Restorative Justice in Indonesia. The findings suggest that Restorative Justice still retains punitive elements, as offenders are required to acknowledge wrongdoing and repair the harm. Consequently, Restorative Justice ought not to be classified as an exclusively non-penal mechanism but rather as an evolution of punishment that prioritizes reconciliation, moral accountability, and social restoration. This study concludes that Restorative Justice represents the new face of punishment, where the ultimate aim is no longer solely retribution but the restoration of social balance and substantive justice for victims, offenders, and society.