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Criminal Law Formulation Policy Regarding Payment of Money In Substitution For Criminal Acts of Corruption From The Perspective of Dignified Justice Ni'Am, M. Khoirun; Prija Djatmika; Abdul Madjid
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i3.321

Corruption is an extraordinary crime that remains a serious problem in Indonesia despite the implementation of various regulations such as Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. One important instrument in recovering state losses due to corruption is the penalty of replacement money. However, in practice, the application of replacement money as an additional penalty has not been effective due to legal and technical obstacles, such as the difficulty of tracking assets, weak coordination between law enforcement agencies, and the absence of a consistent execution mechanism. This study aims to analyze the legal implications of criminal law formulation policies related to the regulation of replacement money and to formulate a direction for criminal law reform based on the concept of dignified justice. This study uses a normative legal research method with a statutory, case, and conceptual approach. The analysis is conducted prescriptively through grammatical and systematic interpretation of laws and regulations, doctrine, and judicial practice. The results show that the regulation of replacement money as an additional penalty does not reflect substantive justice because it emphasizes the retributive aspect rather than the restorative aspect. Legal reform is needed by making compensation a primary punishment so that the primary objective of punishment is to restore state losses. The dignified justice approach positions humans as moral subjects responsible for redressing public losses, in line with the values of Pancasila. Therefore, this reformulation is expected to create a more just, humane, and socially just criminal legal system.

COMPARISON OF THE JUDICIAL FORGIVENESS (RECHTERLIJK PARDON) BETWEEN CIVIL LAW SYSTEM AND ISLAMIC LAW SYSTEM (FINDING THE FORMULATION OF THE PRINCIPLE OF RECHTERLIJK PARDON IN INDONESIAN CRIMINAL LAW) Budimansyah; Prija Djatmika; Rachmad Safa’at; Setiawan Noerdajasakti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 4 (2023): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i4.946

This study falls under the category of normative legal research or doctrinal legal research. Primary legal resources, secondary legal materials, and tertiary legal materials are all used library research techniques for gathering legal materials (library research). In contrast, the descriptive analysis approach is used for data processing. According to the conclusions of this study, various civil law system nations, like the Netherlands, Greece, and Portugal, use the principle of judicial forgiveness (rechterlijk pardon). However, long before these nations implemented the principle of forgiveness (rechterlijk pardon) in their criminal law, Islamic criminal law used principle of forgiveness first in jarimah qadzaf (accusing adultery), jarimah qishas-diyat, and jarimah Ta'zir. Compared to the principle of forgiveness (rechterlijk pardon) in the civil law system, the principle of forgiveness (rechterlijk pardon) in Islamic criminal law offers benefits. The formulation of the principle of judicial forgiveness (rechterlijk pardon) in Indonesian criminal law in the future is to prescribe the principle of judicial forgiveness in Islamic criminal law since it is seen to have advantages. Furthermore, incorporating the notion of judicial forgiveness (rechterlijk pardon) from Islamic criminal law into Indonesian criminal law is sociologically consistent with the legal knowledge of the Indonesian people, the majority of whom are Muslims.

IMPLICATIONS OF REGULATION OF THE CRIME OF PERSECUTION IN LAW NUMBER 1 OF 2023 CONCERNING THE CRIMINAL LAW BOOK Chyntia Vindy Rahmani; Prija Djatmika; Nurini Aprilianda
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1385

The term persecution is not contained in the Criminal Code (KUHP). However, in practice, acts of persecution are often threatened with criminal penalties contained in the Criminal Code, namely abuse, beatings and violence. However, as is known, persecution is part of crimes against humanity regulated in Article 7 of the Rome Statute. With the existence of Law Number 1 of 2023 concerning the Criminal Code (UU KUHP), acts of persecution have now become part of criminal acts. Therefore, this research will discuss whether the regulation of persecution in article 599 letter c of the Criminal Code Law is in accordance with international conventions? and what are the legal implications of the regulation of persecution in article 599 letter c of the Criminal Code Law in the context of legal certainty. The research method used in this research is normative juridical with a statutory approach, a conceptual approach and a comparative approach.

The Existence of Sentencing Guidelines for Bribery Crimes after the Criminal Code in Safeguarding Judicial Independence Kristina Melati Pasaribu; Prija Djatmika; Yuliati
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p04

This study aims to analyze the existence of regulations concerning sentencing guidelines for bribery cases in Indonesia and their influence on judicial decisions concerning the principle of judicial independence. The research employs a normative legal research method with statutory, conceptual, cases, and comparative approaches. The research findings indicate that the regulation of sentencing guidelines in Indonesia is still not specifically mandated. While the Supreme Court has issued a Supreme Court Regulation on Sentencing Guidelines for State Financial Corruption, which is limited to state financial corruption cases, no specific rules yet exist for bribery cases. Following the enactment of the National Criminal Code which takes effect in 2026, Indonesia will possess sentencing guidelines that apply to all criminal offenses, including bribery cases. This regulation appears to be general in nature in order to uphold the independence of judges when adjudicating cases. Judges are granted the authority to determine the severity or leniency of the sentence for the perpetrator by considering the standards set forth in Article 54 of the National Criminal Code, which is expected to provide rational justification in sentencing, thus achieving legal certainty.

The Existence of Sentencing Guidelines for Bribery Crimes after the Criminal Code in Safeguarding Judicial Independence Kristina Melati Pasaribu; Prija Djatmika; Yuliati
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p04

This study aims to analyze the existence of regulations concerning sentencing guidelines for bribery cases in Indonesia and their influence on judicial decisions concerning the principle of judicial independence. The research employs a normative legal research method with statutory, conceptual, cases, and comparative approaches. The research findings indicate that the regulation of sentencing guidelines in Indonesia is still not specifically mandated. While the Supreme Court has issued a Supreme Court Regulation on Sentencing Guidelines for State Financial Corruption, which is limited to state financial corruption cases, no specific rules yet exist for bribery cases. Following the enactment of the National Criminal Code which takes effect in 2026, Indonesia will possess sentencing guidelines that apply to all criminal offenses, including bribery cases. This regulation appears to be general in nature in order to uphold the independence of judges when adjudicating cases. Judges are granted the authority to determine the severity or leniency of the sentence for the perpetrator by considering the standards set forth in Article 54 of the National Criminal Code, which is expected to provide rational justification in sentencing, thus achieving legal certainty.

Reformulation of Article 412 Law Number 1 of 2023on Cohabitation from a Legal Certainty Perspective Imera Azzahra Alivia; Prija Djatmika; Nurini Aprilianda
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.353

The criminalization of cohabitation under Article 412 paragraphs (1) and (2) of Law Number 1 of 2023 on the National Criminal Code raises significant juridical concerns, particularly with regard to legal certainty and proportionality. This study focuses on examining the juridical implications arising from the formulation of Article 412 and on proposing an ideal regulatory framework for the criminal offense of cohabitation in Indonesia in the future. Employing a normative juridical research method with statutory and conceptual approaches, this research analyzes the consequences of ambiguous legal formulations, especially the vague elements of “living together as husband and wife outside marriage,” the complaint-based nature of the offense, and the unclear limitation of eligible complainants. The findings indicate that these weaknesses undermine the principle of lex certa, create risks of multiple interpretations, and potentially lead to selective criminalization and violations of legal certainty. Furthermore, the study argues that such deficiencies place Article 412 within the category of a voidable norm that may be subject to constitutional review. Accordingly, this research proposes a reformulation of Article 412 by clarifying and operationalizing the elements of the offense, restricting the scope of complaint-based prosecution, and explicitly defining the age limits of child complainants, in order to ensure legal certainty, proportionality, and the protection of human rights.

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