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All Journal Masalah-Masalah Hukum E-SOSPOL Al-'Adalah KEADILAN PROGRESIF SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Pena Justisia: Media Komunikasi dan Kajian Hukum Prosiding Seminar Nasional Teknik Mesin CITIZEN: Jurnal Ilmiah Mulitidisiplin Indonesia Audi Et AP : Jurnal Penelitian Hukum Jurnal Sosial, Sains, Terapan dan Riset (Sosateris) Strata Law Review Al-Zayn: Jurnal Ilmu Sosial & Hukum J-CEKI PESHUM
Slamet Haryadi
STIH Muhammadiyah Kotabumi
Religion Aerospace Engineering Humanities Control & Systems Engineering Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Mechanical Engineering Social Sciences

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Justice in Judicial Decisions: A Review of the Cyanide Coffee Case (Decision Number 777/Pid.B/2016/PN.Jkt.Pst) Sahidi, Aryan; Haryadi, Slamet; Dwiono, Sugeng
PESHUM : Jurnal Pendidikan, Sosial dan Humaniora Vol. 4 No. 3: April 2025
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/peshum.v4i3.8296

Abstract

This research examines the cyanide coffee case involving Jessica Kumala Wongso and Wayan Mirna Salihin, focusing on the aspects of justice in the judge's ruling. This case highlights the complexities of the Indonesian judicial system, particularly concerning the lack of a comprehensive autopsy, which resulted in uncertainty regarding the cause of Mirna's death. Although many witnesses were presented, none could provide direct evidence regarding Jessica's actions, leading the judge to rely on circumstantial evidence to reach a decision. This research analyzes how the judge considered the testimonies of witnesses and experts, as well as the use of existing evidence in the decision-making process. The findings indicate that while the judge endeavored to achieve justice, there were significant doubts regarding the validity of the evidence presented. These findings emphasize the importance of transparent and accountable legal procedures to ensure justice within the judicial system. This research is expected to provide insights for the development of legal practices in Indonesia and enhance public trust in the judicial system.
Juridical Analysis of Human Trafficking Crimes Based on a Case Study at the District Court of Kotabumi Apriyanto, Apriyanto; Haryadi, Slamet
PESHUM : Jurnal Pendidikan, Sosial dan Humaniora Vol. 4 No. 4: Juni 2025
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/peshum.v4i4.9480

Abstract

This study discusses the crucial role of the Class II Correctional Center (BAPAS) in Kotabumi in addressing diversion cases for juveniles in conflict with the law. BAPAS serves as an institution that provides guidance and support to these children, aiming to avoid negative stigma and restore social relationships among the child, family, and community. The diversion process involves various stakeholders, including police, prosecutors, judges, and community advisors, who actively assist the child throughout the legal proceedings. However, this research also identifies challenges faced by BAPAS, both internally and externally. Internal challenges include insufficient financial support, limited facilities, and an inadequate number of community advisors. Meanwhile, external challenges encompass the community's limited understanding of the diversion process and the dominance of police in the proceedings, which often leads to failures in achieving diversion agreements. Recommendations for enhancing the effectiveness of BAPAS include improving training for community advisors, providing adequate facilities, and increasing operational budgets from relevant institutions. This study emphasizes the importance of collaboration among government, society, and legal institutions to create an environment that supports the reintegration of children into society and promotes restorative justice.
Optimalisasi Restorative Justice dalam Penyelesaian Tindak Pidana Ringan: Pendekatan Humanis dalam Hukum Pidana Alipio, M. Yosep; Haryadi, Slamet
PESHUM : Jurnal Pendidikan, Sosial dan Humaniora Vol. 4 No. 2: Februari 2025
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/peshum.v4i2.8253

Abstract

The Indonesian criminal justice system is still dominated by a retributive approach that focuses on punishment, even in handling minor crimes. This has led to overcrowded correctional facilities and a lack of effectiveness in achieving restorative justice. Restorative Justice (RJ) emerges as an alternative solution that prioritizes victim recovery, offender accountability, and community involvement in resolving cases. This study aims to analyze the implementation of RJ in resolving minor crimes, identify challenges in its application, and propose optimization strategies to enhance its effectiveness within Indonesia’s criminal justice system. Using a normative research method with a qualitative approach, this study examines existing legal regulations supporting RJ and explores case studies of its implementation in several regions. The findings indicate that RJ in minor crimes has been accommodated in several legal policies, such as Indonesian National Police Regulation No. 8 of 2021. However, obstacles remain, including limited understanding among law enforcement officials, a lack of public awareness, and the absence of comprehensive regulatory harmonization. Therefore, optimizing RJ requires strengthening legal policies, enhancing the capacity of law enforcement agencies, and increasing community participation in resolving disputes outside the formal judicial system. Effective RJ implementation is expected to create justice that focuses on restoration, reduce the burden on the criminal justice system, and ensure that law enforcement operates in a more humanistic and fair manner.
Co-Authors A. Kumedi Ja’far Agusman, Agusman Alipio, M. Yosep Apriyanto, Apriyanto Bungaran, Andreas Daud, Rosy Febriani Fadli, Ilham Haslin, Wendy Heri Iskandar Iskandar Juliandri Nisa Fadhilah Novekawati, Novekawati Rivansyah, Alif Sahidi, Aryan Saputra, M. Laskar Ando Slamet Riyanto Sugeng Dwiono Sunarto Sunarto Suwardi Suwardi Utama, Novisma Magra