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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Journal Publicuho
Abdul Jabal Rahim
Universitas Muhammadiyah Kendari
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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IMPLEMENTASI PERATURAN KODE ETIK TERHADAP ANGGOTA POLRI YANG MELANGGAR KETENTUAN PIDANA Abdul Kalam Azad; Arifai; Abdul Jabal Rahim
Journal Publicuho Vol. 7 No. 3 (2024): August - October - Journal Publicuho
Publisher : Halu Oleo University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35817/publicuho.v7i3.496

Abstract

This study aims to determine the implementation of the code of ethics regulations against members of the Indonesian National Police who violate criminal provisions. This research method combines normative and empirical approaches to analyze the implementation of the code of ethics regulations against members of the Indonesian National Police who violate criminal provisions. The method of processing and analyzing data uses data listing, data coding, tabulation, and data analysis. The results of the study indicate that the enforcement of the code of ethics for members of the Indonesian National Police is very important to improve the professionalism and positive image of the police. Factors that influence the enforcement of this code of ethics can be categorized into external and internal factors, as well as cultural factors that influence the culture of the police organization. By considering these factors and implementing the right strategy, it is hoped that the enforcement of the code of ethics for members of the Indonesian National Police can improve professionalism, improve the image of the Indonesian National Police, and increase public trust in the police institution.
PENGARUH BUDAYA LOKAL TERHADAP PELAKSANAAN RESTORATIVE JUSTICE DI INDONESIA Nasaruddin; Aly Rizky; Abdul Jabal Rahim
Journal Publicuho Vol. 7 No. 3 (2024): August - October - Journal Publicuho
Publisher : Halu Oleo University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35817/publicuho.v7i3.500

Abstract

Restorative Justice (RJ) is an approach in the criminal justice system that focuses on repairing relationships between offenders, victims, and the community, differing from the conventional system that emphasizes punishment. In Indonesia, RJ faces unique challenges due to the diversity of local cultures that influence conflict resolution and the enforcement of laws. Cultural values such as mutual cooperation, deliberation, and customary peace can enrich the RJ process but also encounter challenges when they conflict with human rights principles or national laws. This research aims to explore the impact of local culture on the process and outcomes of RJ in resolving criminal cases in Indonesia. The methods employed include legislative, conceptual, and case approaches with prescriptive analysis. The findings indicate that the integration of local culture, such as deliberation and involvement of traditional leaders, enhances the effectiveness of RJ and victim satisfaction. However, challenges such as cultural value differences and national legal frameworks need to be addressed.
Juridical Analysis of Non-Fulfillment of the Access Principle to the Legal Counsel in Theft Criminal Cases Imam Malik Arifin; Arifai Arifai; Abdul Jabal Rahim
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.5098

Abstract

The purpose of the study is to know juridical analysis of non-fulfillment of the access principle to the legal counsel in theft criminal cases. The type of this research is Normative Legal Research using a Legislative and a Conceptual Approaches. The Public Prosecutor's indictment cannot be accepted as it was made based on an invalid (legally flawed) Investigation Report (BAP) and was not in accordance with the right of due process of law. Legal aid and the defendant must be accompanied by a legal advisor as regulated in Article 56 of the Criminal Procedure Code so that this creates a gap for the legal advisor in filing an exception and the exception becomes the judge's consideration in making a decision that the public prosecutor's indictment is null and void (Null and Void), as for example in the Interim Decision of the Tapak Tuan District Court Number 106/ Pid.B /2019/ PN.Ttn, which is threatened with imprisonment for a maximum of 7 (seven) years in accordance with the provisions of Article 363 Paragraph (1) 4 of the Criminal Code in conjunction with Article 64 paragraph (1) Criminal Code. However, during the investigation process, he was not accompanied by a legal advisor, making the Investigation Report (BAP) being invalid as well as null and void
Co-Authors Abdul Kalam Azad Aly Rizky Arifai Arifai Imam Malik Arifin Nasaruddin