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Journal : International Journal of Educational Review, Law And Social Sciences (IJERLAS)

RESOLVING CRIMINAL ACTS OF NARCOTICS THROUGH A RESTORATIVE JUSTICE APPROACH IN EAST JAVA Syarib Rama Indradi Mukti; Bambang Sugiri; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 1 (2025): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i6.2384

Abstract

This study discussed the handling of narcotics abuse crimes through a restorative justice approach based on the Indonesian National Police Regulation Number 8 of 2021 regarding the Handling of Criminal Acts Based on Restorative Justice. According to this regulation, individuals involved in narcotics abuse could undergo a restorative justice approach, giving them the opportunity to undergo medical or social rehabilitation without having wait for a court decision. The aim of this study was to analyze the basic principles considered and the strategies used by the Police in handling narcotics abuse cases through the restorative justice approach. In determining these consederations, it was important to ensure that the steps taken were in accordance with applicable legal provisions, as well as addressing the challenges in implementing restorative justice, which required effective strategies, so that these considerations and strategies could result in legal benefit and justice. This study was an empirical research using a socio-legal or juridical-empirical method with a legal sociology approach. The study used primary data obtained through interviews with informants, and the secondary data in the form of bibliographical sources. The research data were analyzed using a qualitative descriptive method. The results of this study has ben showed that the investigators considerations in handling narcotics crimes through the restorative justice approach were based on the requirements and mechanisms for handling them in accordance with the Police Regulation. The investigators strategy was to enhance understanding of the concept of restorative justice in order to overcome the challenges such as the low submission of Integrated Assesments and the lack of understanding among offenders about the concepts of restorative justice.
APPLICATION OF ARTICLE 27 PARAGRAPH (1) OF LAW NUMBER 1 OF 2024 ON ELECTRONIC INFORMATION AND TRANSACTIONS AND COMPARATIVE STUDY WITH MALAYSIA AND TURKEY Aji Malik; Yuliati; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3983

Abstract

Article 27 paragraph (1) of Law Number 1 of 2024 concerning Electronic Information and Transactions remains a subject of debate due to the ambiguity in defining the term “decency,” which opens room for multiple interpretations and potentially hampers digital freedom of expression guaranteed under Article 28E paragraph (3) of the 1945 Constitution of the Republic of Indonesia. This normative tension becomes more evident through cases of digital expression that are classified as violations of decency, even when they take the form of satire or political criticism. This research aims to analyze the application of Article 27 paragraph (1) in Indonesian legal practice, assess its consistency with the principle of freedom of expression, and compare it with the regulation of decency norms in digital law in Malaysia and Turkey. The research employs a normative juridical method with statutory, conceptual, case, and comparative approaches, using primary data in the form of legislation and legal cases, as well as secondary data from literature and expert opinions. The findings show that the application of Article 27 paragraph (1) tends to be subjective, creates a chilling effect, and is disproportionate to the objective of protecting public morality. A comparison with Malaysia and Turkey demonstrates that decency norms can be formulated more clearly with strict limitations on obscene content without criminalizing political expression. These findings indicate the need for a reformulation of decency norms in the Electronic Information and Transactions Law to align with the principles of proportionality and the protection of digital freedom of expression.
CHANGES IN POLICY DIRECTION AND LEGAL CONSEQUENCES LAW NO. 17 OF 2023 CONCERNING HEALTH ON ABORTION ISSUES IN THE TRANSITION PERIOD FOR RENEWING THE CRIMINAL CODE Novi Enjelina Putri; Abdul Madjid; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1442

Abstract

This research began with confusion regarding changes in the direction of legal regulatory policies regarding abortion in Indonesia. This is proven by the amendment to the Health Law Number 17 of 2023 which is part of the health omnibus law, which can result in multiple interpretations because it refers to the criteria specified in the criminal code. However, it is not explained which criminal law book will be used, which could create gaps in the application of criminal law in cases of legal abortion in Indonesia. The possibility of interpretation in determining the criminal law book is due to the transition period for the implementation of the new criminal law book, namely Law Number 1 of 2023, which will still come into force in 2026. The difference in the policy direction of the old criminal law book and The new one is very significant because the new one regulates the exceptions to which abortion can be carried out, whereas the old one does not see any reason and categorizes abortion as a criminal offense and will be subject to imprisonment for those who violate it. These differences in provisions will certainly have quite different legal consequences if the legal regulations are incorrectly applied in dealing with the issue of legal abortion in Indonesia. If they are incorrect then the disadvantage is the pregnant mother who has the right to abortion. This research uses normative legal research by looking at conceptual approaches and also legislation. With the aim of seeing how the legislation regarding abortion continues to undergo changes and the legal consequences that arise from these policies.
THE POSITION OF AMICUS CURIAE IN THE EVIDENTIARY PROCESS OF CRIMINAL CASES IN INDONESIA I Made Bima Cahyadi; Faizin Sulistio; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2666

Abstract

This study examines the role of Amicus Curiae in the Indonesian legal system, particularly its impact on judicial decision-making despite the absence of explicit procedural regulations in the Criminal Procedure Code (KUHAP). Through qualitative analysis of landmark cases, including the Prita Mulyasari case, this research highlights how third-party legal opinions contribute to more just and transparent verdicts. The study identifies key challenges, such as inconsistent acceptance and limited awareness among legal practitioners, while also exploring potential frameworks for institutionalizing Amicus Curiae in both criminal and civil cases. By analyzing comparative legal perspectives and best practices from other jurisdictions, this research advocates for clearer guidelines to enhance its legitimacy and effectiveness in Indonesia. The findings underscore the necessity of formal recognition to strengthen judicial credibility, ensure fairness, and uphold fundamental human rights. Ultimately, institutionalizing Amicus Curiae would foster a more inclusive and participatory legal system, aligning Indonesia’s judiciary with global standards of legal justice and due process.