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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i Jurnal Surya Kencana Satu : Dinamika Masalah Hukum dan Keadilan Abdi Laksana : Jurnal Pengabdian Kepada Masyarakat Pamulang Law Review JOURNAL of LEGAL RESEARCH JURIS (Jurnal Ilmiah Syariah)
Suhendar Suhendar
Fakultas Hukum, Universitas Pamulang, Indonesia
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : JOURNAL of LEGAL RESEARCH

 1 
Legal Politics of Death Penalty Application in Indonesia Suhendar Suhendar; Nur Rohim Yunus; Annissa Rezki
JOURNAL of LEGAL RESEARCH Vol 4, No 6 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i6.30949

Abstract

In Indonesia, the criminal law system is the one that decides the appropriate punishment for crimes and other legal transgressions. The use of the death sentence is still permitted under Indonesia's Criminal Code (KUHP), as well as some extra-criminal provisions. A translation of the Wetboek van Strafrecht voor Nederlandsch-Indie, which has been in effect in the Dutch East Indies (now known as Indonesia) since 1918 under the administration of the Dutch colonial government, can be found within the articles of the Criminal Code that govern the use of the death penalty. However, the Netherlands did away with the death sentence in 1870. Instead, a literature-based approach is used employing a qualitative research method currently being used. The study's findings indicate that significant crimes and the use of the death penalty throughout the history of criminal Law are two aspects of the problem that are strongly related. The legal system reserves the death penalty for those who have committed the most severe crimes. Therefore, many believe that the death penalty is the most severe punishment. 
The Impact of the Constitutional Court's Decision on the Revocation of Authority of the Prosecutor submits a Judicial Review Nur Rohim Yunus; Suhendar Suhendar; Annissa Rezki
JOURNAL of LEGAL RESEARCH Vol 5, No 1 (2023): ARTICLES IN PRESS
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v5i1.31993

Abstract

The right to justice, and human rights more generally, requires the filing of a judicial review (PK) in Indonesia. A judicial review (PK) can be requested by an individual who believes that his rights have been infringed or that the court's judgment is incorrect. The cassation decision can be challenged in court by either the convicted person or the prosecution if they believe it violates basic principles of fairness and legal certainty. However, the Constitutional Court can in its decision revoke the prosecutor's authority to submit a judicial review (PK) because it is considered contrary to human rights, especially in terms of recognition, guarantees, protection and fair legal certainty and equal treatment before the law. This study used a qualitative research method with a statutory and literature approach. The results of the study stated that it was very important for the prosecutor to have the right to submit a judicial review (PK) on the cassation decision of the Supreme Court which was deemed not to have fulfilled legal certainty and justice for the victim and the state. If this is omitted, it will cripple law enforcement. The reason for submission, guarantee, protection and legal certainty for the convict cannot be fully recognized, because there are still rights to guarantee, protection and legal certainty for the victim and the people of Indonesia which must also be maintained and respected. 
Co-Authors Akbar Faisal Karim Annissa Rezki Annissa Rezki Arifudin Arifudin Budi Kristian Dimas Semantri Dyra Mayang Sukhma Fridayani Fridayani Gumelar Dewi Larasati kartono kartono Kartono Kartono Muhamad Iqbal Muhammad Jagad Khonjogo Nani Widya Sari Oksidelfa Yanto Putri Novita Sari Reni Suryani Rudi Wahyudi Samuel Soewita Samuel Soewita Susanto Susanto Yunus, Nur Rohim Zakaria Romadhani