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All Journal Nagari Law Review Unes Law Review Ekasakti Journal of law and Justice
Arma, Diana
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Strengthening the Role of Community Guidance in Supporting the Effectiveness of Alternative Sentencesin the National Criminal Code (An Analysis of Supervision and Community Service Sentences) Afrizal, Riki; Tenofrimer; Arma, Diana
Ekasakti Journal of Law and Justice Vol. 3 No. 1 (2025): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/7x177n34

Abstract

The National Criminal Code brought a paradigm shift in the criminal justice system in Indonesia, especially through two new types of basic punishments, namely supervision sentence and community service sentences. This form of punishment is an effort to reform criminal law that is oriented towards the rehabilitation and social reintegration of criminals, as an alternative to imprisonment which has so far dominated the criminal justice system. In its implementation, the function of community guidance is crucial to ensure the effectiveness of the punishment. The research method used in the discussion and analysis of the problem is normative juridical with a statutory approach and legal concepts. Community guidance plays a role in conducting community research, providing recommendations to prosecutors, and guiding convicts during the supervision or community service sentences period. However, strengthening regulations and institutions for the implementation of this function is still an urgent need because there are no implementing regulations that specifically regulate this matter. Therefore, this study emphasizes the importance of restructuring the role of community guidance in supporting the implementation of supervision and community service sentences so that the goals of correctional and criminal punishment can be achieved optimally.
Criminal Law Policy in the Harmonization of Tax Regulations: Its Implications for State Income from the Tax Sector Yoserwan, Yoserwan; Arma, Diana
Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.2.p.304-316.2023

Abstract

Criminal acts in the field of taxation are a form of crime that is very detrimental to the state because they hinder state income from the tax sector. Taxes are the primary source of state income, which is then used for state management and in implementing development to improve community welfare. One effort to minimize criminal acts is to create regulations that become the basis for law enforcement for tax obligations. Overcoming criminal acts requires a criminal law policy that supports law enforcement. Criminal law outlines criminal policy, either substantive or procedural criminal law. The formulation of criminal law policy in tax laws is in line with the formation of tax law through the tax reform policy, which began in 1986 through the formation of several laws in the field of taxation. Finally, the Law Number 7 of 2021 concerning the Harmonization of Tax Regulations continues the policy. With the implementation of the Law on Harmonization of Tax Regulations, there needs to be a more in-depth study of tax criminal policies in this law towards optimizing state revenues from the tax sector. The research was conducted using normative legal research methods and supported by primary data. The approach used is a statutory approach, namely by analyzing various related laws in studying legal synchronization both vertically and horizontally and using legal theories. The research finds that criminal law policy in the Law on Harmonization of Tax Regulations applies more non-penal than penal policy. Non-penal prioritizes administrative settlement rather than criminal law settlement. The administrative settlement will enable more income through administrative fines. However, this approach does not fully support optimizing state revenues from the tax sector in the long run because this policy would not support taxpayer compliance.
The Role of Adat Institution In The Settlement of Criminal Cases Through Restorative Justice In West Sumatera Yoserwan, Yoserwan; Irzal Rias, A.; Tenofrimer, Tenofrimer; Arma, Diana; Raspati, Lucky
Nagari Law Review Vol 6 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.6.i.2.p.146-157.2023

Abstract

The process and mechanism for settling criminal cases always progresses from time to time. One of the mechanisms for settling criminal cases in today's modern era is settlement through Restorative Justice. Although initially, its application was more informal and limited, this concept has developed and has become part of the Criminal Justice System. Settlement mechanisms that involve many related parties and are oriented towards the repair or restoration of various parties affected by a crime are seen as more capable of providing justice. One of the parties involved in the Restorative Justice process besides the perpetrator and the victim is the community. Within the scope of Adat peoples (Masyarakat Adat), community involvement is represented by Adat institutions through Adat leaders. This research examines the role of Lembaga Adat (adat institution). in resolving cases through Restorative Justice in West Sumatra. The research uses empirical legal research methods, namely by collecting data either through law enforcement agencies or customary institutions. The results of the research were analyzed by juridical qualitative. The results of the research show that in West Sumatra the settlement of criminal cases through restorative justice has involved Adata institutions represented by Adat leaders. Community involvement is formed through a memorandum of understanding between law enforcement agencies, in this case, the police and prosecutors institution, and involves Adat institutions in the implementation process. In the future, the involvement of Adata institutions in the settlement of criminal cases, especially through restorative justice, needs to be optimized, because the justice obtained will be more in line with the feelings of justice in society.
Pertanggungjawaban Pidana Rumah Sakit atas Kelalaian Perawat yang Mengakibatkan Tertukarnya Bayi yang Baru Dilahirkan dalam Perspektif Hukum Kesehatan di Indonesia Yandriza, Yandriza; Arma, Diana
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1049

Abstract

The process of enforcing criminal law should be carried out for the nurse's negligence which resulted in the exchange of newborn babies, bearing in mind that criminal law aims to protect against crimes against body and life, especially since the main victim is a baby/child where everything must be done in the best interests of the child. child. The law does not always discuss several compensations, but must also discuss the "Right to Life, and the Right to Defend Life.
Co-Authors Irzal Rias, A. Raspati, Lucky Riki Afrizal Tenofrimer Tenofrimer, Tenofrimer Yandriza, Yandriza Yoserwan Yoserwan, Yoserwan