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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Wawasan Yuridika Ganaya: Jurnal Ilmu Sosial dan Humaniora Indonesian Journal of Criminal Law Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Journal of Lex Philosophy (JLP) Journal of Lex Generalis (JLG) Jurnal Penelitian Serambi Hukum Priviet Social Sciences Journal Qawanin Jurnal Ilmu Hukum Green Social: International Journal of Law and Civil Affairs
Nur Fadhilah Mappaselleng
Fakultas Hukum Universitas Muslim Indonesia
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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When Punishment Becomes Political Currency : The Penological Theater of the Tom Lembong Case Zul Khaidir Kadir; Nur Fadhilah Mappaselleng
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 3 (2025): September : Green Social: International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i3.225

Abstract

In its ideal form, punishment is conceived as a rational and proportionate response to moral wrongdoing, grounded in demonstrable harm and clear culpability. Classical penological theories emphasize the principles of retribution, deterrence, rehabilitation, and incapacitation, all of which presume the presence of intent and injury. However, in the case of Tom Lembong, punishment was imposed absent any proven crime, malicious intent, or measurable harm. Instead, it became a symbolic act, reconfigured as a performance of political theater to assert and preserve a sovereign narrative. This article advances two interrelated aims. First, it analyzes how the penalization of Tom Lembong reflects a wider pattern wherein legal institutions are repurposed to perform sovereignty and construct legitimacy through public spectacle. Second, it critiques the inadequacy of classical penological frameworks when punishment operates without moral fault or corrective intent. Using a qualitative research method and conceptual approach, this study draws upon library-based data sources, critically engaging with theoretical literature on penology, sovereignty, and post-truth politics. Data analysis was conducted descriptively, allowing conceptual mapping between legal practices and political narratives. The findings indicate that the punishment in this case functioned less as an instrument of legal redress than as political choreography. It transformed into symbolic currency designed to enforce narrative conformity and signal power consolidation. In such contexts, punishment serves not as a corrective measure but as a performative mechanism, signaling the dominance of a political order over competing interpretations of truth. This rupture in classical penological logic calls for a post-penological framework—one that accounts for punishment as a tool of narrative enforcement and symbolic governance within post-truth legal orders. Such a framework recognizes the transformation of legal acts into staged political performances, where the appearance of justice supersedes substantive fairness.
Narasi Kehormatan (Siri’) dalam Perkara Pembunuhan terhadap Perempuan di Sulawesi Selatan Zul Khaidir Kadir; Nur Fadhilah Mappaselleng; Nadiah Khaeriah Kadir
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1460

Abstract

This article examines how Indonesia’s criminal law system and judicial practice allow narratives of honour (siri’) to enter the adjudication of homicide cases involving women, and assesses the consequences for the protection of the right to life and the position of victims within criminal proceedings. The study employs a normative legal method with doctrinal and jurisprudential approaches. Primary legal materials consist of Law No. 1 of 2023 on the Criminal Code, particularly Article 458(1) and (2) on homicide and Articles 31–44 on justifying and excusing grounds, analysed alongside a corpus of court decisions from South Sulawesi. The analysis shows that siri’ operates as a causal premise in the construction of facts, primarily through the language of shame and commands to restore family honour, allowing judicial reasoning to shift from the victim’s rights to the reputational interests of the perpetrator’s family. Although the new Criminal Code establishes homicide as an unlawful deprivation of life and provides for aggravated punishment when the victim is a close family member, the discretionary space within sentencing guidelines enables honour-based motives to function as mitigating considerations, despite siri’ falling outside the closed categories of justifications and excuses. At the same time, evidentiary practices centred on chronology, perpetrator communication, and socially legitimised forgiveness narrow the space for victims as rights-bearing subjects, increasing the risk of silencing at the stages of reporting, examination, and sentencing.
Co-Authors A. Muin Fahmal Ahmad Fadil Andi Fajar Agusnawan Andi Muhammad Alqadri Syarif Andi Olsa Makita Sakti Baharuddin Badaru Hambali Thalib Hardianto Djanggih Harja Wijaya Kelaesar Anna Hasanah Lapae Kyka Rezki Dwiyana Lukman Harun Biya Ma'ruf Hafidz Nadiah Khaeriah Kadir Nanda Dwi Handoyo Nasrullah Nasrullah Nurul Qamar Pratama Areski Arisal Reza Ahda Kadir Rio Satriawan Rizal Permana Soraya Nurul Amirah Sufirman Rahman Sufirman Rahman Sutiawati Sutiawati Syafaruddin Bani Syahruddin Nawi Wiwik Puspita HB Zul Khaidir Kadir