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All Journal JURNAL LITIGASI (e-Journal) Jurnal Kajian Pembaruan Hukum Refleksi Hukum: Jurnal Ilmu Hukum Jurnal Locus Penelitian dan Pengabdian Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Unifikasi : Jurnal Ilmu Hukum
Oktobrian, Dwiki
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Aerospace Engineering Automotive Engineering Decision Sciences, Operations Research & Management Electrical & Electronics Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

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Recomposing the Handover and Return to Parents in the Juvenile Justice System in Indonesia: Dilemma between Best Interest of the Juvenile and Legal Shadow Wahyudi, Setya; Hendriana, Rani; Oktobrian, Dwiki; Nunna, Bhanu Prakash
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i1.13130

Abstract

The Indonesian Juvenile Justice System, established by Law No. 11 of 2012, focused on restorative justice and diversion strategies. However, two distinct aspects—handover and return to parents—do not possess sufficient supervisory measures, which raises doubts about their effectiveness in reducing recidivism and serving justice for victims. This article analyzes the legal framework and practical application of these elements using both normative and empirical methods, including interviews conducted with probation officers at the Purwokerto Correctional Center. The results indicate that although both approaches strive to safeguard the psychological health of child offenders, they lack enforceable responsibilities for parents or active community oversight. This results in a notable legal gap at the implementation level. The study suggests a redesign that combines the oversight of probation officers with community involvement to ensure observable behavioral improvements and accountability. This model aims to harmonize the principles of restorative justice with societal demands for fair justice and consideration for victims. The novelty of this article lies in providing a comprehensive institutional framework for post-diversion supervision, which has been mostly overlooked in earlier research.
The Decline of Voter Participation in the 2024 Regional Elections: An Evaluation of KPU Performance and Substantive Democracy in Banyumas, Brebes, and Sukoharjo Regencies Cahyani, Enny Dwi; Rahmawati, Hikmah; Oktobrian, Dwiki; Basworo, Handityo
Jurnal Locus Penelitian dan Pengabdian Vol. 4 No. 10 (2025): JURNAL LOCUS: Penelitian dan Pengabdian
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/locus.v4i10.4899

Abstract

This research analyzes the decline in voter participation in the 2024 Simultaneous Regional Elections as an indicator of weakening substantive democracy at the local level. Focusing on Banyumas, Brebes, and Sukoharjo Regencies, it evaluates the performance of the regional KPU and the structural-political factors influencing voter engagement. A mixed-methods approach combines quantitative data (participation in the 2018–2024 Regional Elections, empty box and single candidate cases, KPU evaluation scores) with interviews involving KPU members, political parties, journalists, academics, and the public. Field data show participation declined from 74% (2018) to 68–71% (2024). In Brebes, the presence of a single candidate and significant empty box voting indicates dissatisfaction and structural apathy. The Banyumas KPU received an average performance score of ?79 (good), though weaknesses were found in political party candidacy socialization. Literature highlights several causes of declining participation: voter fatigue from overlapping national and regional elections, limited competition caused by single candidate elections leading to structural golput, and weak party mobilization and political communication (DPR RI, 2024; TVOneNews, 2024; CNN Indonesia, 2024; KPU Journal, 2023). Drawing on Dahl’s (1989) democracy framework and Verba et al.’s (1995) theory of participation, this study concludes that while democratic procedures persist, substantive quality is eroding. Recommendations include strengthening community-based and digital socialization by the KPU, revising single candidate regulations, and revitalizing parties’ role in political education.
RELEVANSI PENGGUNAAN RESTORATIVE JUSTICE DALAM TINDAK PIDANA DENGAN AKIBAT KEMATIAN Oktobrian, Dwiki; Basworo , Handityo; Dwi Cahyani, Enny; Ramadhani, Setiawan; Ahmad Naufal, Zahid
Refleksi Hukum: Jurnal Ilmu Hukum Vol. 9 No. 1 (2024): Refleksi Hukum: Jurnal Ilmu Hukum
Publisher : Universitas Kristen Satya Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24246/jrh.2024.v9.i1.p133-156

Abstract

The repositioning of victims within a more just criminal justice system has been advanced through the implementation of restorative justice, provided that victims give their consent. This article explores the historical development of restorative justice in Indonesia and examines its relevance to criminal acts resulting in death. Using a statutory and conceptual approach, the study finds that restorative justice was first introduced in 2012 as a mechanism to protect children in conflict with the law. Over time, its scope has broadened, including limited application to fatal offenses—specifically negligent deprivation of liberty leading to death (Article 334 of the Indonesian Penal Code) and negligent acts causing death (Article 359). Historically, the adoption of restorative justice in Indonesia centered on the protection of offenders, particularly juveniles, rather than addressing the rights or recovery of victims. Its application in fatal cases raises a conceptual issue, as death represents an irreversible harm that contradicts the restorative aim of repairing the damage done. Therefore, this article suggests the need for a unified legal framework governing restorative justice in Indonesia, with its role in cases involving death limited solely to a basis for sentence mitigation, rather than complete restoration.
Kriminalisasi dalam Tindak Pidana terhadap Penetapan Hasil Pemilihan Umum Oktobrian, Dwiki
Jurnal Kajian Pembaruan Hukum Vol. 2 No. 1 (2022): January-June 2022
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v2i1.26674

Abstract

ABSTRACT: The stages of determining election results have important characteristics; because it determines the party who wins the election and, at the same time, proves the legality and legitimacy of holding the election. Nevertheless, there are various problems regarding the formulation of policies in criminal acts related to the determination of election results. This research on the formulation of criminal acts associated with election results is normative research with a statutory approach, a conceptual approach, and a comparative approach. This legal research aims to discuss the formulation of the crime of 'late setting election results' and 'not determining election results; while at the same time reviewing future projections by formulating an ideal formulation regarding the formulation of the criminal act of determining election results. The results of the study state that the formulation of criminalization policies in illegal acts related to the determination of election results is regulated to meet various legal problems, including the dimensions of action, the dimensions of criminal responsibility, and the dimensions of criminal sanctions. Then, by taking references from Canada and Kenya, the projections of the formulation are prepared by specifying two objects of action, namely the act of not determining the election results and the act of being late in determining the election results as a crime. Completing the formulation was followed by a complete determination of the subject of a criminal offense accompanied by intentional errors and the formulation of flexibility-based sanctions oriented to avoiding sentencing disparities. KEYWORDS: Criminalization, Criminal Act, Determination of General Election Result
PENGAWASAN PELAKSANAAN KESEPAKATAN MEDIASI PENAL DALAM PENERAPAN RESTORATIVE JUSTICE PADA TAHAPAN PENYIDIKAN Oktobrian, Dwiki; Hendriana, Rani; Retnaningrum, Dwi Hapsari; Nurhuda, Muhammad Lukman
LITIGASI Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.6208

Abstract

Restorative justice in the investigation is carried out by using the penal mediation method which provides an opportunity for the Victim and the Perpetrator in a participatory way to formulate a peace agreement facilitated by the Investigator. Penal mediation comes from civil mediation with problems in the process of drafting an agreement which must be ensured that it comes purely from the Parties. This research is a socio legal research conducted at the Directorate of General Criminal Investigation of the Regional Police of Central Java and the Indonesian Advocates Association of the Semarang Branch of the Leadership Council with the methods of interviewing, observing, and reviewing case files. This research examines two problems: how the process of preparing a penal mediation agreement fits into the application of restorative justice at the investigation stage, and how to supervise the implementation of a penal mediation agreement at the investigation stage. The results of the study show that the penal mediation agreement was prepared by the Parties themselves, facilitated by the Investigator, but did not involve the community so that the orientation of returning to social harmonization was not felt. Keywords: Restorative Justice, Penal Mediation, and Investigation.
Strengthening Justice and Accountability: The Role of Ombudsman in Monitoring Police Public Services Oktobrian, Dwiki; Natasya, Juliana Dwi; Wiranti , Cece; Sudrajat, Tedi
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 02 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i02.1076

Abstract

Public service delivery in police sector of Indonesia is facing a crisis of trust, fueled by widespread reports of maladministration. In this context, social movements such as #PercumaLaporPolisi (Reporting to Police Is Useless) and incidents of police brutality have reinforced perceptions that law enforcement lacks transparency, responsiveness, and accountability. Therefore, this research aims to 1) identify the forms and patterns of maladministration in police public services, and 2) evaluate the role and effectiveness of Indonesian Ombudsman, with a specific focus on West Java Regional Office, to address and prevent maladministration. Document analysis, literature review, and interviews were integrated with key informants using a socio-legal and qualitative method. The results showed that the most frequently reported problems included investigation and prosecution procedures, such as Notice of Investigation Progress, Notice of Investigation Commencement, and Notice of Investigation Completion, as well as initial complaint handling. The issues were largely driven by rigid bureaucracy, resistance to external monitoring, and limited enforcement of Ombudsman recommendations. However, the illegally bound recommendations supported procedural reform. This was evident in the achievement of green zone status for compliance with service standards across all district police offices in West Java by 2024. The objectives of Goal 16 (Sustainable Development Goals/SDGs) were also supported to promote peace, justice, and strong institutions by emphasizing the importance of independent oversight in building accountable and humane police institutions based on public trust.
Co-Authors Ahmad Naufal, Zahid Basworo , Handityo Basworo, Handityo Dwi Hapsari Retnaningrum Enny Dwi Cahyani Hendriana, Rani Natasya, Juliana Dwi Nunna, Bhanu Prakash Nurhuda, Muhammad Lukman Rahmawati, Hikmah Setiawan, Ramadhani Setya Wahyudi Tedi Sudrajat Wiranti , Cece