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All Journal Jurnal Independent Supremasi Hukum: Jurnal Kajian Ilmu Hukum
Lufsiana
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Regulates The Death Penalty Perspective From The Purpose Of Punishment As Stipulated In The Indonesian Penal Code (KUHP) Lufsiana; Setiawan Negara, Dharma; Nainggolan, Samuel Dharma Putra; Sinambela, Jamalum
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.309

Abstract

Abstract The death penalty is the most severe type of punishment imposed on a defendant. The death penalty regulations in the New Criminal Code are different from the Criminal Code which is currently still in force. This research is normative legal research using a statutory approach and a conceptual approach regarding the Death Penalty and the Purpose of Punishment itself. This research aims to analyze the death penalty regulations in the New Criminal Code which are different from the Criminal Code which is currently still in force.
Reassessing Dwangsom in Indonesian Civil Procedure Law: Legality, Preferences, and Urgency Setiawan Negara, Dharma; Susilo, Erwin; Lufsiana
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 14 No. 2 (2025): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.ctp9wt62

Abstract

Dwangsom are intended to compel the losing party to comply with a legally binding court decision. However, in Indonesian civil procedural law, they continue to cause uncertainty and debate. Generally, previous research has focused only enforcement of a fine obstacles rather than on normative limitations, issues with the principle of justice, and the sustainability of dwangsom. This research aims to discuss the legality, preferences, and urgency of Dwangsom through doctrinal legal research methods, drawing on statutory, conceptual, and comparative approaches. The analysis was conducted on Indonesian regulations by comparing them with Dutch civil procedural law as a reference.  The findings highlight three key points. First, the application of dwangsom can be traced back to Articles 606a and 606b of the Reglement op de Rechtsvordering (Rv) serve as the primary legal basis for the imposition of dwangsom in Indonesian civil procedure. Second, the principle of proportionality demonstrates that dwangsom should not be applied to judgments involving the payment of a sum of money or debt obligations, because monetary obligations already have their own enforcement mechanism. Third, future reform of Indonesian civil procedure law is necessary to establish measurable standards for determining the dwangsom. The absence of clear limitations regarding the amount and duration of dwangsom creates significant risks of abuse. These findings expand on previous studies by positioning dwangsom as a procedural sanction that must be tested through the principles of proportionality and legal certainty.
Co-Authors Nainggolan, Samuel Dharma Putra Setiawan Negara, Dharma Susilo, Erwin