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All Journal Global Legal Review Jurnal Humaya: Jurnal Hukum, Humaniora, Masyarakat, dan Budaya
Yuber Lago
Universitas Pelita Harapan
Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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The Significancy of Immediate Enactment of the Draft of Indonesian Criminal Code (RKUHP) to Ensure Judge’s Full Compliance with Article 5 (1) of Law No. 48 of 2009 on Judicial Authority Yuber Lago
HUMAYA Jurnal Hukum Humaniora Masyarakat dan Budaya Vol. 2 No. 2 (2022): DECEMBER
Publisher : LPPM Universitas Terbuka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33830/humayafhisip.v2i2.2920

Abstract

The Criminal Code that is currently applied in Indonesia is a product of colonialism law which originates from the Dutch Wetboek van Strafrecht voor Nederlands Indie and has been adopted since 1918. In its article 1 paragraph (1) stipulates legality principle; that no action can be punished unless with a pre-existing criminal law provision. However, the Article 5 paragraph (1) of the Law No. 48 of 2009 stipulates that a judge must delve, follow, and understand the living legal norms and values that are felt by the society. These living norms and values are not written and most certainly not enacted unlike the written law. However, they are crucial in upholding community’s sense of justice, and the Law on Judicial Authority has obliged judge to pay great attention to those values. In the Draft, the living laws are accommodated in its article 2 and article 12(2). This study examines the importance to immediately enact the Draft to help realizing judge’s ideal as stipulated in Article 5. The researcher employed a normative juridical method through a statutory approach to study the ratio legis of the laws. Furthermore, the researcher applied qualitative analysis. The result of this study finds out that the Draft accommodates the living law of society better, and therefore the Government shall enact it immediately, with all things considered.
STATE LAW, INTEGRAL ECONOMIC JUSTICE, AND BETTER REGULATORY PRACTICES: PROMOTING ECONOMIC EFFICIENCY IN INDONESIA Fajar Sugianto; Yuber Lago; Laurenzia Luna
Global Legal Review Vol 3, No 2 (2023): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v3i2.6552

Abstract

Indonesia as a state based on the rule of law like any other developing countries, its society is based on patterns and economic classes, overall obedience to the law is not easy. In heterogeneous society formed of groups based on religion, race, language, and wealth, it is one of the most difficult unifying factors in terms of compliance with the law. Law deals with complex social, and conflicting societies apply law as a powerful instrument of regulation and control. Although law acts as an independent agent to facilitate their complexity, with economic approach, efficiency is an ideal model that guides legal practice. It is because most people as homo economicus (except children and the profoundly retarded) in all of their activities has one thing in common, that is the need for efficiency, perhaps efficiency is the nearest we are likely to approach to a universal secular “religion”. Efficiency in law simplifies how law works in different society, especially in heterogeneous communities. This approach does not reduce law to economics (or vice versa, for that matter), it claims simply that law and economics have a lot to learn from one another. The primacy of efficiency helps to harmonize the practice of law with social practices. When such law exists, it does function as a social tool aiming at the promotion of economic efficiency that goes well with other social practices.
Co-Authors Fajar Sugianto Laurenzia Luna