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All Journal LAW REFORM Indonesian Journal of Criminal Law Studies
Umi Rozah
Faculty of Law, Universitas Diponegoro
Law, Crime, Criminology & Criminal Justice

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Indonesia’s Criminal Justice System with Pancasila Perspective as an Open Justice System Robiatul Adawiyah; Umi Rozah
LAW REFORM Vol 16, No 2 (2020)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (126.256 KB) | DOI: 10.14710/lr.v16i2.33783

Abstract

The criminal justice system should be an embodiment of values of Pancasila. Few cases raised concerns and questioned Pancasila’s practice because it hurt community justice sense. Pancasila must be reflected in criminal law enforcement. The criminal justice system is open whose operation is influenced by the environment the subsystems's operation, it is very important to be studied comprehensively. This article discusses the Indonesian criminal justice system with a Pancasila perspective; Indonesian criminal justice system with the concept of Pancasila as an open criminal justice system; subsystem in the Indonesian criminal justice system has the concept of Pancasila as an open criminal justice system. The research method in this article is normative with philosophy approach. The results showed that criminal justice system has Pancasila perspective, means that it must prioritize humanity, the balance of the interests of perpetrators and victims, the justice of God, humanity and society (substantive justice). As an open system, it does not work in solitaire in a vacuum, but must pay attention to legal values and community justice sense so that the working of it is more contextual in applying criminal law to achieve its success.  And all subsystems in the criminal justice system have basically been based on Pancasila as an open justice system.
Penal Policy Analysis of The Formulation of Customary Law in The 2023 KUHP Umi Rozah; Aldi Yudistira
Indonesian Journal of Criminal Law Studies Vol. 10 No. 1 (2025): Indonesia J. Crim. L. Studies (May, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i1.19939

Abstract

An interesting issue in the 2023 Criminal Code is the accommodation of living law with a meaning limited to Customary Law as formulated in Article 2, Paragraphs (1), (2), and (3). This research aims to analyze it from the perspective of penal policies regarding the formulation of Living Law only as Customary Law in Article 2, Paragraphs (1), (2), and (3) of the 2023 Criminal Code. This research uses a normative or doctrinal juridical approach, with data sources from library materials in the form of statutory regulations and literature related to research.   This research raises problems: 1). How does analysis of the penal policy of the formulation of living law in Article 2 Paragraph (1) of the 2023 Criminal Code (KUHP)? 2). What is a reformulation of Article 2 Paragraph (1), Paragraph (2), and Paragraph (3) of the 2023 KUHP from a penal policy perspective?  The results of the research are as follows: There is invalidity in the formulation of the meaning of living law as only Customary Law as the living law is wider than Customary Law. It covers all customs in society, such as business affairs and religious life. Analysis from a penal policy perspective can’t be adjusted if the meaning of living law is only determined by Customary Law. There are many fallacies in the formulation of Article 2, Paragraphs (1), (2), and (3) of the 2023 KUHP, so reformulation is needed. Reformulation of Article (2) Paragraphs (1), (2), and (3) should be changed to interpret the living law not only as Customary Law, which will be formulated in Regional Regulation. Article (2) Paragraphs (1), (2), and (3) are just needed as the recognition rules to enforce Customary Law; in other words, formulation of the living law only as an umbrella rule to enforce Customary Law.
Co-Authors Aldi Yudistira Robiatul Adawiyah