Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Diponegoro Law Review Lex Scientia Law Review Indonesian Journal of Criminal Law Studies
Ade Adhari
Faculty of Law, Universitas Tarumanagara
Law, Crime, Criminology & Criminal Justice

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
APPLICABLE LIMITATIONS ON THE CRIMINAL CODE BASED ON THE 1945 CONSTITUTION, LAW NO. 1 OF 1946 AND THE GOVERNMENT REGULATION NO. 2 OF 1945 Ade Adhari; Tundjung Herning SB
Diponegoro Law Review Vol 5, No 2 (2020): Diponegoro Law Review October 2020
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (794.292 KB) | DOI: 10.14710/dilrev.5.2.2020.296-312

Abstract

The enactment of Criminal Code (Wetboek van Strafrecht) in Indonesia is based on the 1945 Constitution, Law No. 1 of 1946 and Government Regulation No. 2 of 1945. The existence of these regulations not only gives legitimacy to the implementation of the Criminal Code, but also provides 'boundary signs' in implementing them. This paper aims to examine the limitations of the enactment of the Criminal Code based on various provisions. The limiting signs include: first, the enactment of the Criminal Code is temporary until the Criminal Code is established based on the 1945 Constitution. This means that the Draft Law on the Criminal Code must be ratified immediately. It is a form of carrying out the mandate to renewal of criminal law as stated in the constitution. Second, there is a need to examine the norms of criminal law in the Criminal Code before it is applied (whether the criminal law norms are in accordance with the criteria "does not conflict with the position of the Republic of Indonesia as an independent state or not in conflict with the Constitution"), and third, the application of the articles in the Criminal Code must remain in the Indonesian context.
Rehabilitation through Reading: Evaluating Prisoners’ Right to Literacy as a Tool to Reduce Recidivism Ade Adhari; Fransisca Iriani Roesmala Dewi; Anis Widyawati; Darius Andana Haris; Dwiky Chandra
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.29687

Abstract

Fulfilling inmates’ right to reading materials is crucial for effective rehabilitation within Indonesia’s correctional system, despite robust legal guarantees—from the 1945 Constitution to specific laws and regulations—practical implementation faces significant hurdles. High recidivism rates in Indonesia underscore the urgent need for genuine rehabilitation beyond mere punitive measures. Using a doctrinal legal research method, the analysis draws on statutory and conceptual approaches, supported by case studies from Class IIB Pinrang, LPKA Pekanbaru, and Class IIA Kupang. Findings highlight there is a persistent gap between legal mandates and on-the-ground reality. A fundamental shift is needed to bridge this: reading must be seen not just as a formal right, but as a core educational and rehabilitative tool for intellectual and personal development. Strategic improvements require stronger cross-sector collaboration, enhanced officer training, and outcome-based evaluation to ensure reading genuinely transforms inmates and supports their successful reintegration into society.
Position for the Formulation of the Principle of Ultimum Remedium in the Criminal Law Codes in Various Countries Ade Adhari; Pujiyono Pujiyono; Shidarta Shidarta; Anis Widyawati; Leony Sondang Suryani
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.14061

Abstract

This article provides a comprehensive analysis of a fundamental and universal principle in criminal law: the principle of ultimum remedium. This principle advocates for the use of criminal sanctions as a last resort, to be employed only when all other avenues have been exhausted. The primary focus of this study is to examine how the principle of ultimum remedium is articulated within the criminal codes of various countries. The countries selected for this analysis—Germany, Slovenia, Croatia, the Czech Republic, Kosovo, Montenegro, and Kyrgyzstan—were chosen randomly. By scrutinizing these formulations, the study aims to delineate an ideal framework for the application of the ultimum remedium principle. This research utilizes a doctrinal methodology, and through this lens, the article finds that legislators in numerous countries frequently integrate the principle of ultimum remedium implicitly within provisions that address basic principles and limitations of the use of criminal law, basic principles and limitations of criminal law enforcement, basic principles and limitations of criminal sanctions, and basics of criminal accountability. Nonetheless, some countries have explicitly codified the principle of ultimum remedium within provisions titled "The Principle of Subsidiarity of Criminal Repression." These articulated principles serve as crucial guidelines for legislators and law enforcement authorities.
Co-Authors Anis Widyawati Darius Andana Haris Dwiky Chandra Fransisca Iriani Roesmala Dewi Leony Sondang Suryani Pujiyono Pujiyono Shidarta Shidarta Tundjung Herning SB