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All Journal UNTAG Law Review Jurnal Ilmiah Dunia Hukum Journal Philosophy of Law
Supeno, Bambang Joyo
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice

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PRINCIPLE OF EQUALITY BEFORE THE LAW AND DIVERSION ON CRIMINAL JUSTICE SYSTEM FOR CHILDREN IN INDONESIA SUPENO, BAMBANG JOYO
UNTAG Law Review Vol 4, No 1 (2020): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (520.581 KB) | DOI: 10.36356/ulrev.v4i1.1527

Abstract

Restorative justice is the ultimate goal of Law Number 11 of 2012 concerning the Criminal Justice System for Children, so that children in conflict with the law must obtain Diversion. Article 7 paragraph (2) and Article 9 paragraph (2) the SPPA Law isdiscriminatory and unjust, both for perpetrators and victims of criminal acts, because there are restrictions, exceptions and disregard for Diversion provisions. In concretto, in 2014-2018 the use of Diversion (49.61%) was lower than formal justice (50.39%), the data showed that some children who were in conflict with the law did not get Diversion. Based on the analysis of concept the principle of equality before the law in ideal-norm thinking, it is necessary to reconstruct the provisions of Diversion in the SPPA Law, namely (a) The principle of equality before the law must be used as a determining indicator in the formulation and process of Diversion law enforcement. (b) Provisions on child-oriented Diversion as the subject of criminal acts will determine justice in the application of Diversion for every child in conflict with the law. (c) Diversion provisions which are oriented towards acts, sanctions and value of losses as a requirement for the application of Diversion, will cause discrimination in the application of Diversion.
CRIMINAL POLICY ON INDONESIAN POLICE RESTORATIVE JUSTICE IMPLEMENTATION PERIOD 2021-2023 Nugroho, Sofyan; Pujiyono, Pujiyono; Supeno, Bambang Joyo
Journal Philosophy of Law Vol 5, No 1 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i1.4895

Abstract

Criminal policy or criminal politics as an effort to prevent and control crime is essentially an integral part of efforts to protect society (social defense) and efforts to achieve social welfare, both of which are an integral part of social politics (social policy). This is related to the criminal justice system is carried out by the police as the front guard in maintaining security and social order in society and law enforcement. Legal reform carried out by the Police through Restorative Justice is a new instrument in realizing social justice. Therefore, the first formulation of the problem in this paper is a) What is the regulatory framework of Indonesian Police Restorative Justice in Indonesia? b) How is the implementation of Indonesian Police Policy of Restorative Justice in Indonesia period 2021 – 2023? Methodologically, this research uses a qualitative approach, with a qualitative research design and literature study. The research results show a number of findings: First, there are still very few cases that use alternative dispute resolution for criminal acts. Second, the importance of a legal and regulatory policy framework that is based on restorative justice that is fair and has legal certainty.
Pancasila Values Were Forgotten In The Formation Of Indonesian Legislation Supeno, Bambang Joyo; Widyorini, Sri Retno
Jurnal Ilmiah Dunia Hukum VOLUME 9 ISSUE 1 OCTOBER 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.5160

Abstract

the ideology of the Indonesian nation, is considered to have been neglected in the formation of legislation. As is known, Pancasila, as the source of all sources of state law, is interpreted as the principles or foundation for thinking and acting in the formation and enforcement of legislation. Empirically, the values of Pancasila have been forgotten as principles, both in abstracto and in concreto, leading to deviations, disharmony, and inconsistency in the formation of legislation. This study is a qualitative research using a normative juridical approach, which will explore and analyze these issues using secondary data and purposive random sampling. The analysis results show that three factors influence the neglect of Pancasila values as "principles" and the inconsistency in the use of "principles" provisions in the formation of legislation: the fluctuating disintegration of the Pancasila curriculum, the unclear and non-explicit regulation of Pancasila values as "principles" in Law No. 12 of 2011 juncto Law No. 13 of 2022 and its implementing regulations, and the inconsistency in the use of "principles" provisions in legislation. Based on these issues, it is necessary to strengthen the Pancasila curriculum, amend Article 2 by adding the phrase "Pancasila values as the principles of the content of legislation," and require the political will of the government and legislature to strengthen the curriculum and regulations for the formation of legislation.
Co-Authors Nugroho, Sofyan Pujiyono Pujiyono Sri Retno Widyorini