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All Journal Syntax Literate: Jurnal Ilmiah Indonesia Journal of Law and Legal Reform
Arif Awangga
Sekolah Tinggi Ilmu Hukum IBLAM, Jakarta, Indonesia
Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Restorative Justice dalam Perkara Tindak Pidana Pencurian (Studi Putusan Nomor 28/Pid.B/2022/Pn.Lbb) Enny Yulistiawati; Arif Awangga
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v8i7.13257

Abstract

Law in Indonesia is divided into criminal law and civil law. Criminal law is the law that regulates what actions are prohibited and gives punishment to those who violate them and regulates how to bring cases to court, for example theft. One of the law enforcement efforts in overcoming the crime of theft that is firm, consistent and integrated, can be done in one way, namely the application of restorative justice. The research method used is a normative juridical method with a law approach and a case approach. From the results of the study, it was found that the legal basis for restorative justice in the case of the crime of theft is based on the Supreme Court Regulation Number 02 of 2012 concerning Adjustment of the Limits of Minor Crimes and the Amount of Fines in the Criminal Code, Article 4 Memorandum of Understanding with the Chief Justice of the Supreme Court of the Republic of Indonesia Minister of Law and Human Rights Man, the Attorney General of the Republic of Indonesia, the Head of the Indonesian National Police regarding the Implementation of Adjustment on the Limits of Minor Crimes and the Amount of Fines, Quick Examination Procedures, and the Application of Restorative Justice Number: 131/KMA I SKB IX/2012 Number: M. HH - 07. HM. 03. 02 of 2012 Number: KEP - 06 /E IEJP /10/2012 Number: B/39/X/2012 Article 3 Regulation of the Indonesian National Police Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice and Article 4 paragraph (2 ), Article 5 paragraph (1) of the Prosecutor's Office Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The judge's consideration in deciding restorative justice for the theft criminal case in the decision number 28/Pid.B/2022/Pn.Lbb was based on the testimony of witness Mulyono, several previous decisions related to restorative justice and Article 10 paragraph (1) of Law Number 48 Year 2009 on Judicial Power.
Transformation of Divine Values Based on Pancasila in the Formation of Non-Ministerial Government Institutions for Religious Harmony in Indonesia Marjan Miharja; Bob Hassan; Ahmad Novindri Aji Sukma; Arif Awangga
Journal of Law and Legal Reform Vol. 7 No. 3 (2026): July, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i3.49529

Abstract

The value of Divinity serves as a fundamental basis for the formation of law in Indonesia, grounded in Pancasila, as reflected in the inclusion of the phrase “By the Grace of Almighty God” in every statutory regulation. The issues examined include the meaning and existence of Divine values in the formation of law in Indonesia from the perspective of modern natural law theory, as well as the relevance of the phrase “By the Grace of Almighty God” in the Constitutional Court Decision Number 2-3/PUU-V/2007 reviewed from the perspectives of das sollen and das sein. This research employs a normative juridical method, drawing on conceptual, philosophical, and statutory approaches, and is descriptive-analytical in nature. Primary and secondary legal materials were collected through a literature review and analyzed qualitatively, using both deductive and inductive reasoning, to examine the relationship between Divine values, modern natural law theory, and the practice of law-making and judicial review in Indonesia. The results of the study indicate that Divine values, from the perspective of modern natural law theory, serve as the highest moral source and the ethical legitimacy of law, directing law not only toward formal certainty but also toward substantive justice, humanitarian values, and universal truth. Their existence is reflected in the phrase “By the Grace of Almighty God,” which functions as a philosophical foundation, a limitation on state power, and an ethical compass in the formation of law. Meanwhile, the relevance of this phrase in the Constitutional Court Decision demonstrates a duality between das sollen and das sein, where ideally Divine values lead to the protection of the right to life and humanity, yet in practice they are interpreted as moral legitimacy to justify the death penalty in order to protect the broader interests of society. Thus, Divine values within the Indonesian legal system are dynamic and contextual, and have not yet been consistently and fully implemented in law enforcement practices.
Co-Authors Ahmad Novindri Aji Sukma Bob Hassan Enny Yulistiawati Marjan Miharja