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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
Fernanda, Vuzio
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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The Influence of Political Configuration in The Creation of The New KUHP (An Examination of the New Wave of Indonesian Democracy in the Reformation Era) Fernanda, Vuzio; Patmos, Yan; Syam, Fauzi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 6 No 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4238

Abstract

The intervention of political power based on the facts of law enforcement can affect responsive and conservative patterns in the formation of legal products, indicating that certain political situations can produce legal products that are in accordance with their political nature, including in the formation of the new Criminal Code which has become a public concern in Indonesia. This research aims to provide a deeper understanding of the relationship between political structure and the development of criminal law in Indonesia. The method used in collecting legal materials in this research is carried out using library research, namely by using archival review techniques or literature studies of books, journals, articles, theses or works of experts related to the research conducted. The results of this study show that in the current reform era, political configuration has a dominant influence on the structure and substance of law. Political power plays a key role in the formation of laws, where the interests of certain groups often dominate the resulting policies. Legal products are often used as a means of justifying power policies, even though they may contradict the values of public justice and are no longer in accordance with Indonesia's cultural dynamics.
Restitution in Juvenile Criminal Cases: A Proposed Amendment to Government Regulation No. 43/2017 in Light of International Legal Principles Fernanda, Vuzio; Hafrida; Lasmadi, Sahuri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6293

Abstract

This article analyses how Government Regulation Number 43/2017 shall be amended on international human rights law. It is needed since this regulation does not further regulate the offender's responsibility due to the offender's economic inability. The article implements normative research based on the UNCRC, the Chorzow Factory Case, jurisprudence from the ECHR Case Law, and the UNGA Resolution 40/34. This article consists of three discussions. The first discussion implements the provisions of the UNCRC in proposing how the government regulation shall be amended. Meanwhile, the second discussion suggests how the regulation shall be amended based on international case laws. Finally, the third discussion enhanced the previous two discussions by implementing the UNGA Resolution 40/34. Indonesia shall amend the provisions under Articles 19-22 of the regulation to ensure the full reparation of the victim and the perpetrator’s responsibility is fulfilled. This article also suggests that Indonesia shall consider the offender's and the victim’s conflicting interests. The third discussion suggested the LPSK to be the authorized organ to pay the restitution to the victim in the case where the offender or convicted is unable to fulfill the responsibility.
The Influence of Political Configuration in The Creation of The New KUHP (An Examination of the New Wave of Indonesian Democracy in the Reformation Era) Fernanda, Vuzio; Patmos, Yan; Syam, Fauzi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4238

Abstract

The intervention of political power based on the facts of law enforcement can affect responsive and conservative patterns in the formation of legal products, indicating that certain political situations can produce legal products that are in accordance with their political nature, including in the formation of the new Criminal Code which has become a public concern in Indonesia. This research aims to provide a deeper understanding of the relationship between political structure and the development of criminal law in Indonesia. The method used in collecting legal materials in this research is carried out using library research, namely by using archival review techniques or literature studies of books, journals, articles, theses or works of experts related to the research conducted. The results of this study show that in the current reform era, political configuration has a dominant influence on the structure and substance of law. Political power plays a key role in the formation of laws, where the interests of certain groups often dominate the resulting policies. Legal products are often used as a means of justifying power policies, even though they may contradict the values of public justice and are no longer in accordance with Indonesia's cultural dynamics.
Co-Authors Fauzi Syam Hafrida Patmos, Yan Sahuri Lasmadi