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All Journal Arena Hukum Varia Justicia Unes Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum International Journal of Educational Review, Law And Social Sciences (IJERLAS) Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Jurnal Multidisiplin Madani (MUDIMA) Riwayat: Educational Journal of History and Humanities
Faizin Sulistio
Fakultas Hukum, Universitas Brawijaya, Malang, Indonesia
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences Other

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JUDICIAL DISCRETION IN THE CRIMINAL JUSTICE PROCESS IN INDONESIA (A Study at the Cianjur District Court) Anissa Larasati; Faizin Sulistio; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2676

Abstract

The influence of public attention on the criminal trial process is currently affecting the judiciary under the Supreme Court of the Republic of Indonesia, where all layers of society consistently follow the development of news related to ongoing trials in specific legal jurisdictions. This article focuses on discussing the nature of public attention, emphasizing that it should not affect the judges' rulings in criminal cases, as well as the discretion of judges in formulating legal considerations in cases that attract public attention during the decision-making process. Our findings indicate that in making legal considerations for criminal case rulings, the panel of judges must always adhere to the formal procedural law established in the criminal trial process, reinforced by the application of the Indonesian Criminal Procedure Code, relevant criminal laws in the trial, and the Supreme Court regulations. The primary guidance for judges in formulating legal considerations for legal decisions must be based on at least two pieces of evidence proven during the trial, coupled with the conviction of the presiding judge, and supplemented by the judge's authority to exercise discretion in order to ensure clear and just resolution of the criminal case. In conclusion, we recommend that judges must continue to uphold their independence in making legal considerations and delivering sound legal judgments.
REFORMULATION OF THE PENAL MEDIATION ARRANGEMENT IN TRAFFIC OFFENSES Yudhi Darmansyah; Faizin Sulistio; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2693

Abstract

The implementation of penal mediation within the Indonesian legal system presents a promising alternative to traditional criminal proceedings, especially in cases involving traffic accidents caused by negligence. Penal mediation offers a non-litigation mechanism that prioritizes rehabilitation, the restoration of relationships between victims and offenders, and the promotion of peace. While traffic accidents cause significant harm to victims, involving them in the mediation process helps clarify the offender's responsibilities and provides an opportunity for restorative justice. Moreover, penal mediation can help prevent the negative consequences of imprisonment, which not only affects the offender but also their family and society at large. However, the absence of specific legislation governing penal mediation within the Criminal Justice System poses challenges, making it difficult for law enforcement officials to provide legal certainty in cases involving traffic violations under the Traffic Law. Therefore, it is essential for future reforms to address these gaps, ensuring that penal mediation can be effectively implemented in traffic accident cases to achieve more humane and restorative outcomes.
Co-Authors Abdul Madjid Aizahra Daffa Salsabilla Anissa Larasati Bambang Sugiri Cindy Monique Dita Anggraini Sholikhah Hanif Nur Widhiyanti I Made Bima Cahyadi I Nyoman Nurjaya Nani Susilowati Nazura Abdul Manap Nurini Aprilianda Reka Dewantara Septianes Nora Kartika Shilvi Grisminarti Yudhi Darmansyah Yuliati Yuliati