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All Journal JHCLS Journal of Sustainable Development and Regulatory Issues Justice Dialectical
Rahimah Embong
Unknown Affiliation
Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health

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Journal : JHCLS

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The Impact of Human Rights Principles on the Criminal Act of Caning: Asymmetric Decentralization Insight Prasetyo, Dedy Ardian; Rahimah Embong
Journal of Human Rights, Culture and Legal System Vol. 5 No. 1 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i1.528

Abstract

The implementation of caning punishment in Aceh highlights the challenges of balancing regional autonomy with national and international human rights obligations. This study examines the extent to which human rights principles influence the execution of caning punishment within an asymmetric decentralized system. Using a normative juridical methodology, the research incorporates conceptual, legislative, and comparative approaches. A key comparison is drawn between the implementation of caning in Aceh, Indonesia, and Malaysia, where sharia law also informs the legal system. The findings reveal that caning in Aceh is often excessive, discriminatory, and perpetuates a culture of violence. Unlike Malaysia, where caning is conducted privately within prison facilities to protect the dignity of the accused, Aceh carries out the punishment publicly, emphasizing deterrence and transparency. The study underscores the need for reform, including stricter oversight, alternative rehabilitative punishments such as social work or legal education, and enhanced public and legal awareness of the balance between sharia law and human rights. By adopting a more regulated approach, Aceh can uphold its cultural and religious identity while aligning with human rights standards, ultimately improving Indonesia’s international reputation and fostering a more just and humane legal system.
The Reduction of Criminal Justice Policy in Indonesia: Justice versus Virality Muhammad, Rustamaji; Shalih Mangara Sitompul; Tojiboyev Sarvar Zafarovich; Rahimah Embong
Journal of Human Rights, Culture and Legal System Vol. 5 No. 2 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i2.637

Abstract

The phenomenon of virality on social media has had a significant impact on the criminal justice system in Indonesia. Digital public pressure can influence the speed and direction of law enforcement, even shifting fundamental principles such as the principles of legality, equality before the law, and due process of law. This study aims to analyze how virality influences criminal justice policy, identify forms of reduction and erosion of criminal law policy, and formulate a balanced approach between legal justice and digital public pressure. This study uses a normative juridical method with three approaches: a legislative approach, a conceptual approach, and a comparative approach. The results show, first, that virality has shifted the orientation of law enforcement in Indonesia, with viral cases such as those involving Ferdy Sambo and Mario Dandy being processed more quickly due to public pressure, rather than legal urgency. Second, this condition indicates a severe reduction in the principles of legality, equality, and due process, exacerbated by ad hoc legislation and reactive executive intervention. Third, while digital publics can promote accountability, Indonesia needs institutional strategies to balance these pressures without compromising legal integrity. Recommendations include reforming legal education based on digital literacy, establishing digital response units within law enforcement agencies, and strengthening media regulations to prevent trial by media. Indonesia needs to restructure its criminal justice policy so that it remains based on constitutional values and the principles of the rule of law, rather than being driven by popularity in the digital space.
Co-Authors Amir Firmansyah Dedy Ardian Prasetyo Febridiansyah, Febridiansyah Muhammad, Rustamaji Murdi, Patria Bayu Shalih Mangara Sitompul Sugeng Riyanto Tojiboyev Sarvar Zafarovich