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Journal : SASI

Study of the Implementation Restoration Concept in the Criminal Justice System in Indonesia Mashendra, Mashendra; Ibrahim, Kayode Muhammed; Salam, Safrin; Nurcahyo, Edy; Chatimah, Nurul Ambiyaa
SASI Volume 30 Issue 4, December 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i4.1888

Abstract

Introduction: The Indonesian Criminal Justice System does not recognize concepts related to restoration, such as restorative justice, alternative conflict resolution, circular punishment, or ishlah. The idea of restoration is generally not recognized by the Criminal Procedure Code (KUHAP), which is based on the concept of legality.Purposes of the Research:  To study and discuss the actual existence of the function and impact of the concept of restoration (restorative justice, alternative dispute resolution, circular punishment, and circular punishment or Ishlah) in the development of the Indonesian Criminal Justice System.Methods of the Research: This research uses a normative research methodology with a qualitative approach to investigate the concept of restoration and its consequences for various applicable laws and principles.Results of the Research: The findings of this research show that the concepts of recovery and restoration, such as alternative dispute resolution and punishment, are concepts that prioritize the interests of the parties involved, especially the principles of win-win solutions and recovery. This has been used to resolve criminal cases that meet standards at both the investigation and prosecution levels as one way to resolve criminal cases. The application of these ideas in the Indonesian Criminal Justice System is a deviation from the basic principles of the Criminal Procedure Code, namely the principle of legality which must be observed at all times. It is recommended that methods for implementing restorative ideas be included in the Draft Criminal Procedure Code (RKUHAP). Some examples of this mechanism are alternative dispute resolution, circular punishment, and ishlah. Thus, the concept of restoration can be legally and formally recognized as a principle in the Indonesian Criminal Justice System when put into practice.
Comparative Legal Study on Gender Equality and Female Leadership in Indonesian and Dutch Higher Education Suhartono, Rizki Mustika; Mashendra, Mashendra; Ribeiro, Leonito; Suhartono, Mutia Aprilia; Rachman, Sulyanti
SASI Volume 31 Issue 3, September 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i3.3035

Abstract

Introduction: This article explores the ongoing global issue of gender equality and female leadership in higher education. While many countries have adopted gender-inclusive policies, practical implementation remains inconsistent. Western countries such as the Netherlands demonstrate measurable progress, whereas Southeast Asian nations like Indonesia face persistent cultural and structural barriers. Prior studies tend to focus on sociological or institutional aspects, with limited comparative legal analysis.Purposes of the Research: The aim of this study is to explore and compare legal guarantees, national policies, and institutional practices that affect women's access to leadership positions in universities in Indonesia and the Netherlands, to identify legal barriers and propose normative strategies in support of more inclusive academic leadership.Methods of the Research: This research employs normative legal methods with a comparative law approach. It analyzes constitutional provisions, gender equality statutes, higher education regulations, and leadership policies from both countries, supported by literature review and document study.Results of the Research: The findings show that the Netherlands has established stronger legal enforcement for gender equality in academic leadership through comprehensive legal instruments and monitoring mechanisms. In contrast, Indonesia, despite recognizing gender equality in its legal framework, lacks effective implementation mechanisms. The novelty of this research lies in its comparative legal perspective and its recommendation to integrate normative legal approaches with contextual cultural values to promote inclusive governance in higher education.