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All Journal Jurnal Penelitian Hukum De Jure Journal La Sociale Aktualita : Jurnal Hukum Bandung Conference Series: Law Studies Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH)
Chepi Ali Firman Zakaria
Fakultas Hukum, Universitas Islam Bandung, Bandung, Indonesia
Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Journal La Sociale

 1 
Reevaluation and Reorientation of the Philosophy of Retributive Justice to Restorative Justice in Imposing Criminal Sanctions Padlilah Padlilah; Dey Ravena; Chepi Ali Firman Zakaria; Aji Mulyana
Journal La Sociale Vol. 4 No. 2 (2023): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v4i2.786

Abstract

In the last few decades, there has been a paradigm shift in the provision of criminal sanctions from retributive justice to restorative justice. Retributive justice assumes that criminal punishment must be based on the concept of revenge and retribution for the mistakes made by the perpetrator, while restorative justice emphasizes recovery for the victim and repairing the damaged relationship between the perpetrator and the victim. This study discusses the re-evaluation and reorientation of the philosophy of retributive justice to restorative justice in imposing criminal sanctions, as well as the purpose of punishment itself. This article presents the history and basic concepts of both types of justice, as well as the advantages and disadvantages of each approach. In addition, this research also discusses the application of restorative justice in sentencing practices and how this approach can help improve the relationship between perpetrators and victims, as well as prevent crimes from occurring in the future. By examining and considering both approaches, this research can help improve the existing penal system to achieve goals that are more effective and fairer for all parties involved in the sentencing process.
Settlement of Traffic Offences: A Shift in the Presumption of Innocence and the Impact on Legal Justice Beny Harkat; Nandang Sambas; Chepi Ali Firman Zakaria
Journal La Sociale Vol. 5 No. 3 (2024): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v5i3.1175

Abstract

Traffic offences are a serious issue in Indonesia, creating complex challenges for the justice system and social costs. Although Law No. 22/2009 has defined the rules, the high number of accidents and offences indicates the ineffectiveness of law enforcement. This study aims to investigate the impact of traffic offences on legal justice, the effectiveness of sanctions, and the shifting presumption of innocence in Indonesia. The research methodology included both quantitative and qualitative approaches, involving analyses of accident data and interviews with authorities. The results showed a high number of offences, a lack of effectiveness of Law No. 22 of 2009, and the phenomenon of "peace in place." The implementation of ETLE cameras became an alternative, despite internet access constraints. Perma No. 12/2016 changed the judicial process, moving from a presumption of innocence to a presumption of guilt. This shift provides uniform sanctions without considering individual circumstances. The limitation of violators' rights in ticket hearings violates the principle of justice. The implementation of e-ticket technology shows advantages, but the dependence on the internet and the potential for misuse are obstacles. The shift to the presumption of innocence in the Perma raises doubts about the fairness of the justice system. Improving fairness requires a re-evaluation of the application of sanctions, technological improvements, and a deeper understanding of the rights of offenders. These recommendations are expected to improve the justice system related to traffic offences in Indonesia.
Co-Authors Adam Rizky Febriansyah Ade Mahmud Adela Berliana Nugraha Aji Mulyana Andika Pradipta Putra W Aslan Noor Beny Harkat Bintang Raihan Sulaeman Deddy Effendi Defid Firdausa Poer Dey Ravena Doddy Putra Pratama Sudjana Doni Sonjaya Elsy Nur Anggraeni Fatwa septaruna Fauziah Balqis Sitorus Ilman Fathony Martanegara Maulida Intan Syafika Muhamad Kevin Audi Muhammad Alhaddid Andrefva Muhammad Firman Ardiansyah Muhammad Rizky Kaisar Nandang Sambas Padlilah Padlilah Qisthi Rabathi Reyvita Salsabila Rini Irianti Sundari viko musadad Yoga Gintara