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Reconstruction Discourse Justice Criminal Law as an Ideal Model for Implementing Restorative Justice Satria Dwie Raharja; Ade Saptomo
Jurnal Impresi Indonesia Vol. 3 No. 12 (2024): Jurnal Impresi Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jii.v3i12.5732

Abstract

T The criminal justice system in Indonesia faces various challenges, including legal inefficiency, high recidivism rates, and inadequate victim protection. The punishment-oriented system often neglects the need for victim recovery and social recovery. This study aims to develop an ideal model for implementing restorative justice within the Indonesian legal framework by considering the principles of customary law that have long been practiced in society. This study uses a normative legal approach by analyzing legislation, literature studies, and comparative assessments of restorative justice practices in various countries. Primary and secondary legal materials are used to explore the application of restorative justice at the police, prosecution, and court levels. The findings reveal several barriers to implementing restorative justice in Indonesia, such as regulatory misalignment across law enforcement agencies, limited human resource training, and lack of public awareness. However, the study highlights significant potential for adopting the restorative justice model through integrating local values, law enforcement training, and a comprehensive regulatory framework. The implications of this study emphasize the need for more inclusive policy reforms, strengthening collaboration between legal institutions, and public education to increase the acceptance of restorative justice as an alternative method of resolving criminal cases. Proper implementation is expected to create a more just, more humane, and socially restorative legal system.
Quo Vadis Protection of Human Rights in Coercive Confiscation Efforts Taufik Tri Prabowo; Ade Saptomo
Cerdika: Jurnal Ilmiah Indonesia Vol. 4 No. 12 (2024): Cerdika: Jurnal Ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v4i12.2317

Abstract

The protection of human rights in the context of compulsory seizure efforts remains a topic of debate in legal practice in Indonesia. Seizures are often carried out without regard for fundamental individual rights, resulting in the potential for human rights violations, particularly concerning property rights and justice. This study aims to examine how human rights protections are implemented in the seizure procedures undertaken by law enforcement officials. The research method employed is normative juridical, utilizing an approach based on statutory regulations, case studies, and legal doctrine analysis. Data collected are qualitatively analyzed through literature reviews and eval_uations of relevant cases. The findings indicate that while there are regulations governing seizure procedures, their implementation often does not align with human rights principles. There is an urgent need for improvements in oversight mechanisms and accountability in the seizure process to prevent abuse of power. This research recommends reinforcing standard operating procedures that adhere to respect for human rights and stringent oversight in every seizure action.
Complexity of Agrarian Law Regulations in Disputes over Unauthorized Use of Land Dedy Cahyadi; Ade Saptomo
Rechtsnormen: Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1692

Abstract

Background: The complexity of agrarian law regulation in Indonesia has led to significant legal uncertainty and social conflicts, particularly regarding unauthorized land use. Land, as a vital resource in agrarian societies, often becomes the center of disputes due to ineffective land administration, the misuse of land certificates, and corrupt practices. Objective: This study aims to analyze the challenges in agrarian law regulation and propose measures to address disputes over unauthorized land possession. Methodology: Using a normative legal research method, this study examines relevant regulations, including Law No. 5 of 1960 on the Basic Agrarian Law, through legislative and conceptual approaches. Findings: The research identifies key challenges, such as inefficiencies in land administration, abuse of legal documentation, and systemic corruption. To resolve these issues, improvements in the land administration system, stricter enforcement of laws, and increased legal awareness among the public are necessary. Conclusion: The study concludes that more effective agrarian policies are essential to address disputes over unauthorized land use, ensuring legal certainty and minimizing conflicts.