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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i Pembaharuan Hukum Jurnal Syntax Fusion : Jurnal Nasional Indonesia Indonesian Journal of Multidisciplinary Science Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Journal Evidence Of Law Journal of Innovation Research and Knowledge POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) PENA LAW: International Journal of Law Dharmawangsa: International Journal of the Social Sciences, Education and Humanitis SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum ARMADA : Jurnal Penelitian Multidisiplin Blantika : Multidisciplinary Journal Advances In Social Humanities Research Jurnal Riset Ilmiah Jurnal Penelitian dan Pengkajian Ilmiah Asian Journal of Social and Humanities
Kristiawanto, Kristiawanto
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Journal : Journal Evidence Of Law

 1 
Death Penalty For Drug Traffickers: A Legal and Human Rights Perspective Supono, Supono; Kristiawanto, Kristiawanto; Darodjat, Tubagus Achmad
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.938

Abstract

The increase in drug abuse cases in Indonesia has placed the death penalty for dealers as one of the instruments of criminal law policy. Although the death penalty aims to provide a deterrent effect and justice, this policy has drawn criticism because it is considered contrary to the principles of human rights (HAM) and has the potential to create disparities in its application. This research analyses the application of the death penalty from the perspective of absolute, relative, and combined punishment theories, as well as evaluating its effectiveness in handling narcotics cases. The results show that the application of the death penalty needs to be reconsidered, especially for non-violent offenders, by prioritising rehabilitation and prevention approaches. A combination of legal and rehabilitation strategies is needed to minimise the use of the death penalty, accompanied by continuous monitoring and evaluation to ensure transparency and accountability in law enforcement. This research recommends more sustainable policy alternatives, in line with human rights values and social justice.
The Fulfilment of The Right to Education For Children Conflict With The Law In Indonesia in The Perspective Of Regulator and Implementation Tuasela, Bernadus Alfons; Kristiawanto, Kristiawanto; Rattanapun , Supot
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.1057

Abstract

The right to education is a human right guaranteed nationally and internationally, including for children in conflict with the law. This study aims to analyse the legal arrangements and implementation of the fulfilment of the right to education for children in Special Development Institutions for Children (LPKA) in Indonesia, and provide recommendations for reconstructing more effective policies. A normative juridical approach is used to examine relevant regulations, such as Law No 11/2012 on the Juvenile Criminal Justice System (SPPA Law) and Law No 2222 on Corrections, with a comparison of international practices in Malaysia and Japan. The results show a significant gap between legal arrangements and implementation. Education in LPKA is still limited to non-formal programmes due to a lack of infrastructure, teaching staff, and coordination between related institutions. To overcome this, a revision of the SPPA Law, strengthening educational infrastructure, improving the competence of teaching staff, and adapting international practices integrated with skills training are needed. In addition, anti-stigma campaigns and better monitoring mechanisms are needed to support children's reintegration into society. These measures are expected to not only guarantee the right to education, but also strengthen the rehabilitation and future of children in conflict with the law..
Corporations as Corruption Offenders: Challenges and Solutions for Restorative Justice-Based Punishment Kilikily, Nikolas Johan; Kristiawanto, Kristiawanto; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1447

Abstract

The criminal prosecution of corporations involved in corruption in Indonesia has yet to demonstrate substantial effectiveness, both in terms of substantive justice and the enforcement of anti-corruption laws. Although corporations are legally recognized as subjects of criminal liability, enforcement practices remain limited, and sanctions imposed tend to be formalistic without triggering structural reforms within the company. This study employs a normative legal and comparative law approach to evaluate the effectiveness of existing regulations and to propose a more progressive model of corporate criminal liability. The findings indicate that corporate punishment should include preventive, restorative, and internal restructuring measures, rather than mere financial penalties. Therefore, regulatory reform and the application of multi-level sanctions are essential to establish deterrence and ensure sustainable justice in combating corporate corruption.
Co-Authors Achmad Fitrian Agil, Marwan Akkapin, Supaphorn Anugerah, Listakeri S. Basuki , Chandra, Tofik Yanuar Christine Christine Dandel, Lukman Syafri Darodjat, Tubagus Achmad Effendy Nasution, Fachreja Hasibuan, Fauzie Yusuf Ismed, Mohamad Ismed, Mohammad Karinda, Frans Jomar Kilikily, Nikolas Johan Kusuma, Filiasari Laia, Aturkian Latif , Abdul Lawadinata, Alicia Avelina Marsauli, Yopanus Maryano, Maryano Muhamad, Fadel Muhammad Mustofa Munzir, Marinov Nainggolan, Marsudin Naser, Andi Oktafianto, Wahyu Dwi Paparang, Santrawan T Rachmat Hidayat, Afif Ratna Dewi Rattanapun , Supot Romie, Romie Rudy Haryanto Saputra, Adji Sibero, Sari Maharani Tarigan Suganda, Atma Supono Supono T. Paparang, Santrawan Teepapal, Tanawat Te’dang, Yonika Winner Tuasela, Bernadus Alfons Tubalawony, Agnasia Marliana Zaenudin, Aa Muhamad