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All Journal Ius Civile: Refleksi Penegakan Hukum dan Keadilan Journal of Transcendental Law
Agatha Jumiati
Fakultas Hukum, Universitas Slamet Riyadi
Law, Crime, Criminology & Criminal Justice

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Implementation of Transcendental-Based Juvenile Criminal Sanctions Agatha Jumiati
Journal of Transcendental Law Volume 3, No 1, 2021
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v3i1.15218

Abstract

The development of law in Indonesia is carried out based on the noble values contained in the precepts of Pancasila. These noble values are actually an inseparable part of transcendental values. Transcendental thought is an alternative to answer the failure of the positivistic view in solving legal problems in society. Regarding the implementation of juvenile criminal sanctions which commit criminal acts as regulated by Law number 11 of 2012 concerning the Juvenile Criminal Justice System, it turns out that in its regulation it has implemented transcendental values by placing child as noble creatures created by God who must always be guided and protected even though they have been or have committed a mistake or crime. Regulations on diversion, restorative justice, strengthening the role of the correctional center and the types of crimes that are humane are evidence that the implementation of juvenile criminal sanctions in Indonesia has contained transcendental values. Keywords: Implementation of Sanctions, Transcendental, Juvenile Crime 
Asas Kepastian Hukum Pelaksanaan Hukuman Mati di Indonesia Agatha Jumiati; Ellectrananda Anugerah Ash-shidiqqi
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.3935

Abstract

This article aims to examine aspects of legal certainty and justice in the application of the death penalty in Indonesia, as well as the concept of legal and fair deadlines for executions. Using normative judicial methods, this article shows that current law does not reliably and fairly determine when the death penalty should be executed. Due to time constraints, the legal certainty and justice of those sentenced to death are not guaranteed. Therefore, it is necessary to revise the laws and regulations for execution in the basic criminal law, public criminal law, and statutory law.
Co-Authors Ellectrananda Anugerah Ash-shidiqqi