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Limitation Of Judicial Review Authority by Constitutional Court of the Republic of Indonesia Regarding Criminal Provisions in Laws Amriyanto Amriyanto; Rafika Nur
Khairun Law Journal Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

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Decision of the Constitutional Court of the Republic of Indonesia Number 46/PUU-XIV/2016 which rejects the extension of meaning and scope of adultery, rape and fornication in Indonesian criminal law becomes polemic in society. This is because the acts are very contrary to the moral and religious values, and Pancasila as the ideology of the Indonesian nation. The limitation of judicial review authority by Constitutional Court of the Republic of Indonesia related to criminal provisions is the reason for not willing to take the exclusive authority of the legislator in the formulation of criminal provisions. On the other hand, the Constitutional Court itself often extends the meaning and scope of norms in laws unrelated to criminal provisions.

Tipologi Tindak Pidana Korupsi di Sektor Pertanahan dan Implikasinya pada Pemanfaatan Tanah Negara di Indonesia Muhammad Arfah; Amriyanto Amriyanto
Khairun Law Journal Volume 1 Issue 2, March 2018
Publisher : Faculty of Law, Khairun University

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Land that is directly controlled by the state can be granted ownership rights, business use rights, building rights and use rights, both to individuals and to legal entities. With regard to the granting of these rights, these lands can also be encumbered with mortgage rights. Indications of criminal acts of corruption in granting such land rights may occur. Execution of state booty in corruption cases has the potential to harm other parties, if the state booty is burdened with mortgages.

Menakar Nilai Agama dan Moral dalam Hukum Pidana Indonesia Amriyanto Amriyanto
Khairun Law Journal Volume 1 Issue 1, September 2017
Publisher : Faculty of Law, Khairun University

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Limitation Of Judicial Review Authority by Constitutional Court of the Republic of Indonesia Regarding Criminal Provisions in Laws Amriyanto Amriyanto; Rafika Nur
Khairun Law Journal Vol 2, No 1 (2018): Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

Decision of the Constitutional Court of the Republic of Indonesia Number 46/PUU-XIV/2016 which rejects the extension of meaning and scope of adultery, rape and fornication in Indonesian criminal law becomes polemic in society. This is because the acts are very contrary to the moral and religious values, and Pancasila as the ideology of the Indonesian nation. The limitation of judicial review authority by Constitutional Court of the Republic of Indonesia related to criminal provisions is the reason for not willing to take the exclusive authority of the legislator in the formulation of criminal provisions. On the other hand, the Constitutional Court itself often extends the meaning and scope of norms in laws unrelated to criminal provisions.

Tipologi Tindak Pidana Korupsi di Sektor Pertanahan dan Implikasinya pada Pemanfaatan Tanah Negara di Indonesia Muhammad Arfah; Amriyanto Amriyanto
Khairun Law Journal Vol 1, No 2 (2018): Volume 1 Issue 2, March 2018
Publisher : Faculty of Law, Khairun University

Land that is directly controlled by the state can be granted ownership rights, business use rights, building rights and use rights, both to individuals and to legal entities. With regard to the granting of these rights, these lands can also be encumbered with mortgage rights. Indications of criminal acts of corruption in granting such land rights may occur. Execution of state booty in corruption cases has the potential to harm other parties, if the state booty is burdened with mortgages.

Menakar Nilai Agama dan Moral dalam Hukum Pidana Indonesia Amriyanto Amriyanto
Khairun Law Journal Vol 1, No 1 (2017): Volume 1 Issue 1, September 2017
Publisher : Faculty of Law, Khairun University

Tindak Pidana Penganiayaan Ringan: Sebuah Perspektif Mustafa, Winarti; Abdulajid, Syawal; Amriyanto, Amriyanto
Legal Spirit Vol 8, No 2 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v8i2.5475

Restorative Justice is a new approach emphasizing dialogue and peace in crime resolution, prioritizing addressing the core issues between individuals. In cases of assault, which involve unlawful acts causing harm or injury, Restorative Justice is typically applied to minor cases. However, Police Regulation Number 8 of 2021 expands Restorative Justice to encompass both minor and severe assault cases, as implemented in North Halmahera Police Resort. This empirical research collects primary and secondary data through field studies and literature reviews, employing qualitative analysis. Findings highlight the urgency of police implementation of Restorative Justice in assault cases to achieve substantial and balanced justice. Implementation has occurred in North Halmahera Police Resort in accordance with Police Regulation Number 8 of 2021, yet faces challenges such as socialization, cultural adaptation, and coordination between victims and perpetrators. Future law enforcement policies based on Restorative Justice must adapt to existing challenges, including wider socialization and cultural adaptation. Understanding the importance of victims' and perpetrators' presence in the Restorative Justice process also requires enhancement.

Implementation of The Prosecutor's Intelligence Authority in Investigations of Corruption Crimes Tuanaya, Nurjanah; Malik, Faissal; Amriyanto
Jurnal Hukum Volkgeist Vol. 8 No. 2 (2024): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v8i2.5565

This study aims to analyze the implementation of the Prosecutorial Intelligence's authority in investigating alleged corruption at the Tidore Kepulauan District Attorney's Office and to identify the challenges encountered during the investigation process. The methodology employed is empirical legal research with a qualitative field approach. Data were collected through in-depth interviews and documentation studies. The research findings indicate that the implementation of the Prosecutorial Intelligence's authority at the Tidore Kepulauan District Attorney's Office aligns with the applicable regulations, including Article 30B paragraph (d) of Law No. 11 of 2021 on the Amendment of Law No. 16 of 2004 on the Prosecutor's Office of the Republic of Indonesia and Presidential Regulation No. 38 of 2010 on the Organization and Working Procedures of the Prosecutor's Office of the Republic of Indonesia. Nonetheless, several significant challenges were identified in the investigation process, including budget constraints, insufficient education and training for staff, and inadequate facilities and infrastructure. This study provides recommendations to address these challenges, including increasing budget allocations, conducting regular training for Prosecutorial Intelligence staff, and providing adequate supporting facilities to enhance the effectiveness of corruption investigations.

Solutions To Differences In Sentences For Parallel Integration Of Restorative Justice In Indonesian Courts Handar Subhandi Bakhtiar; Amriyanto Amriyanto; Samsu Alam Maddussila
Jurnal Hukum dan Peradilan Vol 12, No 2 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.2.2023.409-440

This study describes the problems and solutions related to differentiating sentences for the parallel integration of restorative justice in Indonesian courts. This study is normative-legal research using statute, comparative, and conceptual approaches. This study utilizes primary legal materials and secondary legal materials. This study is based on 25 (twenty-five) cases decided by judges in Indonesian courts. The research results indicate that the values of restorative justice are very relevant to the cultural values of gotong royong in Indonesia. Judges must consider the community’s cultural values and the implementation of restorative justice in their decisions. Parallel integration of justice has been re-applied in Indonesian courts. Still, in practice, judges do not have guidelines for parallel integration, so it is very possible that there will be differences in punishment for applying parallel integration. Therefore, as a solution to the problem of differentiation of sentences, the authors propose 2 (two) concepts of court decisions, namely (1) the verdict of the indictment cannot be accepted, and (2) the decision of the public prosecutor cannot be accepted.

Breaking The Cycle: Reforming Indonesia’s Justice System to Prioritize Victim-Centered Solutions Amriyanto, Amriyanto; Alting, Husen; Bakhtiar, Handar Subhandi; Putra, Grahadi Purna
Jurnal Dinamika Hukum Vol 24, No 3 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.3.5129

This study examines the role and position of crime victims within Indonesia's criminal justice system, highlighting their marginalization and the limitations of the current framework. Victims are often relegated to the role of evidence providers, sidelining their rights and needs while exposing them to risks such as retaliatory actions and psychological trauma. The system's emphasis on punitive measures for offenders fails to adequately address the suffering of victims, perpetuating their exclusion from meaningful participation in justice processes. The research employs a normative legal method, drawing on statutory and conceptual approaches alongside legislative analyses and secondary data, to explore restorative justice as a viable solution. Restorative justice offers a balanced, inclusive model that involves victims, offenders, and their families in collaborative decision-making. This approach not only addresses victims’ needs and aspirations but also reflects Indonesia’s cultural values of kinship and social harmony. It emphasizes fairness by holding offenders accountable in a manner proportionate to their capacity, while promoting victim rehabilitation and community reconciliation. Findings demonstrate the potential of restorative justice to mitigate systemic challenges, enhance victim involvement, and create outcomes aligned with societal values. The novelty lies in advocating for restorative justice as a culturally congruent and legally viable alternative to the prevailing adversarial system. By prioritizing victim-centered justice, this approach fosters a more humane and effective criminal justice process, ensuring that justice serves all stakeholders equitably.Keywords: Criminal Justice System; Restorative Justice; Victims.

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