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All Journal Pembaharuan Hukum Varia Justicia Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Andri Winjaya Laksana
Universitas Islam Sultan Agung
Law, Crime, Criminology & Criminal Justice

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Law Enforcement Reform on Covid 19 Pandemic: a Necessity or an Innovation? Andri Winjaya Laksana
Varia Justicia Vol 16 No 2 (2020): Vol 16 No 2 (2020)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v16i2.3903

Abstract

This study aims to identify the urgency and the form of law enforcement reform in the Covid 19 pandemic era. The approach method used is juridical normative. The type of data used in this research is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The result shows that law enforcement reform in the Covid 19 pandemic era took online trials of courts. Based on the value of justice to achieve legal certainty manifested in online trials, legal certainty in online trials in achieving justice values in criminal cases is legal. The criminal justice system reviews it since the investigation, prosecution, trial, and execution. Some legal actions can be seen from 3 (three) things: position, authority, and procedure as parameters of the action or legal action carried out at each process level case.
The Analysis of Criminal Sanctions Effectiveness in Drug Law: Between Prevention and Rehabilitation Andri Winjaya Laksana; Denny Suwondo; Siti Fatimah
Jurnal Pembaharuan Hukum Vol 13, No 1 (2026): Jurnal pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v13i1.50247

Abstract

The purpose of this study is to analyze the effectiveness of the ideal formulation of criminal sanctions for drug addicts. Narcotics regulations were introduced as a legislative effort to replace previous laws, by regulating narcotics classification, strict supervision, as well as criminal sanctions and rehabilitative approaches. However, the effective implementation of this law still faces serious challenges, ranging from weak coordination between authorities, the type of research using normative juridical, research results indicating inconsistent law enforcement, and a lack of rehabilitation facilities, so that drug users are more often punished than rehabilitated. The lack of clarity in distinguishing users from dealers obscures the criminal justice system and exacerbates the problem of prison overcrowding. Therefore, law enforcement efforts against drug abuse must be evaluated holistically and consistently, not only in a repressive manner, but also prioritizing restorative justice, a public health approach, and social recovery as part of an integral policy to address the drug problem in Indonesia comprehensively and fairly.
Legal Protection for Child Offenders in Bullying Cases: Challenges and Deviations in Restorative Justice Practice Ahmad Arifulloh; Andri Winjaya Laksana; Moh Aris Siswanto; Toni Triyanto
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 2 (2025): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i2.9425

Abstract

This study examines legal protection for children as perpetrators of bullying through the application of restorative justice. The purpose of the research is to analyze how restorative justice is implemented in resolving bullying crimes committed by minors, identify the obstacles encountered in practice, and formulate relevant solutions. This research is normative legal research using a statutory approach. Data were collected through literature studies, including legislation, academic literature, and previous research findings, and then analyzed qualitatively. The results indicate that applying restorative justice to children who commit bullying can be carried out through the diversion mechanism, namely, the transfer of juvenile case settlement from the formal criminal justice process to non-litigation mechanisms outside the court system. This mechanism is in accordance with Law Number 11 of 2012 on the Juvenile Criminal Justice System, which prioritizes the best interests of the child. From the perspective of criminal law theory, the implementation of restorative justice represents a positive deviation from the retributive justice concept, which is oriented toward punishment and retribution. Restorative justice shifts the focus of criminal justice from punishing offenders toward restoring losses experienced by victims, repairing social harm caused by the crime, and reintegrating relationships between victims, offenders, their families, and the community. The academic contribution of this study lies in strengthening the discourse on restorative justice in bullying cases involving minors by providing normative arguments that the restorative approach aligns more closely with humanitarian principles, children's rights, and the best interests of the child than conventional retributive approaches. These findings offer theoretical and practical insights for policymakers, law enforcement officers, educators, and child protection institutions to optimize diversion mechanisms to address bullying that emphasizes punishment rather than social recovery and build awareness, empathy, and social recovery for all parties involved
Co-Authors Ahmad Arifulloh Denny Suwondo Moh Aris Siswanto Siti Fatimah Toni Triyanto