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All Journal Jurnal Meta-Yuridis Jurnal Al Azhar Indonesia Seri Ilmu Sosial Law_Jurnal RIO LAW JURNAL Proceedings Series on Social Sciences & Humanities Jurnal Risalah Kenotariatan CITIZEN: Jurnal Ilmiah Mulitidisiplin Indonesia Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Jurnal Ilmu Sosial, Pendidikan Dan Humaniora Jurnal Smart Hukum (JSH) Saree : Research in Gender Studies Aspirasi : Publikasi Hasil Pengabdian dan Kegiatan Masyarakat Kesejahteraan Bersama : Jurnal Pengabdian dan Keberlanjutan Masyarakat Karya Nyata: Jurnal Pengabdian Kepada Masyarakat
Abdul Malik Mufty
Cenderawasih University, Indonesia
Religion Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Education Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Journal : Jurnal Meta-Yuridis

 1 
DISCOURSE ON THE DISCOVERY AND RENEWAL OF THE PRINCIPLE OF LEGALITY IN CRIMINAL LAW Mufty, Abdul Malik; Nur, Nurul Chaerani
Jurnal Meta-Yuridis Vol 7, No 2 (2024)
Publisher : fakultas hukum universitas PGRI Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26877/m-y.v7i2.19873

Abstract

The principle of legality was created to limit the arbitrary actions of kings/rulers against their people. Power has the ability to punish individuals, even though it is not regulated in advance. However, the form of power is the most important factor in determining whether an action can be punished. The function of protecting victims or people is not fulfilled by the principle of legality. Law No. 1 of 2023 regulates the Criminal Code which is a significant reform. Law No. 1 of 2023 is marked by the recognition and implementation of implicit laws that apply in society, while also recognizing the existence of legal certainty and positive law. The purpose of this study is to analyze the discovery and application of the principle of legality in Law No. 1 of 1946 and examine the renewal of the principle of legality in Law No. 1 of 2023. This study uses normative research methods to support secondary data. The findings of this study show that the concept of the principle of legality was introduced in 1748 as a means to prevent arbitrary actions by kings or tyrants against their people. The court can process and try customary crimes or acts that are contrary to applicable legal values but there is no equivalent or comparison in Law No. 1 of 2023 as a result of the expansion of the principle of legality.
DEVELOPMENT OF COMMUNITY BASED REHABILITATION MODELS FOR CHILDREN IN CONFLICT WITH THE LAW: AN IMPLEMENTATION STUDY AT THE CLASS II JUVENILE DETENTION CENTER IN JAYAPURA Damayana, Sri Nur; Mufty, Abdul Malik
Jurnal Meta-Yuridis Vol 8, No 2 (2025)
Publisher : fakultas hukum universitas PGRI Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26877/m-y.v8i2.23106

Abstract

Children in Conflict with the Law (CICL) require handling based on restorative and rehabilitative justice to support social reintegration, as mandated by the Juvenile Justice Act. However, the Class II Juvenile Detention Center (LPKA) in Jayapura faces challenges such as limited facilities, budget constraints, family participation, and geographic accessibility. This study aims: (1) to analyze the actual conditions of CICL rehabilitation at the Class II LPKA Jayapura; (2) to identify principles of modern penology and restorative justice for a community-based rehabilitation model; and (3) to develop a rehabilitation model appropriate to the Papuan context. The research employed an empirical juridical method with case and conceptual approaches, collecting primary data through interviews and secondary data from literature studies. The results indicate that multidimensional constraints remain dominant, although innovative programs like "Rawat Mimpi" have shown positive impacts. Juvenile delinquency in Papua is influenced by family, socio-economic, and cultural factors, necessitating a holistic approach involving the community. A community-based rehabilitation model is considered effective by integrating local Papuan values to strengthen social reintegration and the implementation of restorative justice.
Co-Authors Annisa Fitriah Mudassir Ayub Jose Luhut Parulian Simanjuntak Damayana, Sri Nur Dwight Nusawakan Hamidah Abdurrachman Hasnia Hasnia hasnia, Hasnia Herlin Rusyani Heryanto Heryanto Heryanto Heryanto Insani, Nursolihi Magdhalena Tasik Todingrara Muh. Anugrah Kurniawan Amir Muhammad Khaidir Kahfi Natsir Nur Sri Maryam DM Nur, Nurul Chaerani Nursolihi Insani Nurul Chaerani Nur Nusawakan, Dwight Rusyani, Herlin Sri Nur Damayana Suhendar Suhendar Vivilia Agnata Mudi