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All Journal Jurnal Dinamika Hukum Rechtsidee Jurnal IUS (Kajian Hukum dan Keadilan) Unram Law Review Jurnal Ilmiah Penegakan Hukum Journal of Law Science SIGn Jurnal Hukum Uti Possidetis: Journal of International Law Batulis Civil Law Review The International Journal of Politics and Sociology Research Reformasi Hukum SASI
Ishwara, Ade Sathya Sanathana
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Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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The Construction of Social Work Criminal Sanctions in Indonesian Criminal Law: Formulation and Orientation in Indonesian Criminal Law Hadi, Adwi Mulyana; Fajrin, Yaris Adhial; Ishwara, Ade Sathya Sanathana
Unram Law Review Vol 7 No 2 (2023): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v7i2.299

Abstract

Social work criminal sanctions are one of the types of sanctions formulated in the New Criminal Code (NCC). Social work criminal sanctions are oriented towards providing a deterrent effect and educating convicts so that they do not repeat the crimes they have committed. This study focuses on the analysis of the construction of social work criminal sanctions in Indonesian criminal law. This type of research is normative legal research that emphasizes conceptual and statutory approaches. The results of the study show that the concept of the formulation of social work criminal sanctions in the NCC is actually based on the theory of punishment which is retributive in nature, namely it aims to provide a deterrent effect for perpetrators of criminal acts. Social work criminal sanctions in the NCC are also an implementation of an integrative punishment system that emphasizes the human dimension and is oriented towards making convicts part of society. The orientation of social work criminal sanctions in the NCC should be carried out while guaranteeing convicts' rights and community participation to oversee the implementation of social work criminal sanctions. Suggestions from this study are the need for guidelines and technical guidelines for the implementation of social work criminal sanctions so that they can guide law enforcement officials in carrying out social work criminal sanctions.
The Limitations of Living Law in Indonesian Criminal Law Reform: An Effort to Realize Justice Febrianty, Yenny; Ishwara, Ade Sathya Sanathana; Priambada, Bintara Sura; Hulwanullah, Hikam
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1232

Abstract

One of the important points of criminal law reform in the Criminal Code is the regulatory provision regarding living law. The Criminal Code authentically determines that living law is customary criminal law, which is declared valid and further regulated through Local Regulations. The absence of limitations related to customary criminal law standards that can be qualified as a living law has the potential to cause injustice. This study aims to analyze the urgency and the formulation of limitations on living law arrangements in the Criminal Code in realizing justice. The results of the study show that the urgency regarding limitations on living law arrangements in the Criminal Code is meant to protect human rights while at the same time preventing potential criminalization. The formulation of limitations of the living law arrangements in the Criminal Code is to realize justice. Therefore, the limitations of customary criminal law can be categorized as a living law according to the Criminal Code, that are: indigenous people still practice the law; these customary crimes do not conflict with the principles of the rule of law; they do not conflict with Pancasila values; and the crimes are further formulated by local regulations.
Coaching the Government Employee with Work Agreements: A Dignified Justice Perspective Firmansyah, Jaka; Disantara, Fradhana Putra; Ishwara, Ade Sathya Sanathana
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.12823

Abstract

The purpose of this study is to evaluate the implementation and identify the development of Government Employees with Work Agreements (PPPK) after the enactment of Law Number 20 of 2023 concerning State Civil Apparatus from the perspective of the theory of dignified justice. This normative legal research uses a legislative and conceptual approach, with primary and secondary legal sources, collected through literature studies and analyzed qualitatively. The results of the study explain that after the enactment of Law Number 20 of 2023 concerning State Civil Apparatus, the development of PPPK has caused various problems, namely unequal perceptions, budget constraints, and the quality of training that still needs to be improved. When this is associated with the theory of dignified justice, this theory encourages ethics and morality as the basis for every aspect of the development, management, and development of PPPK; therefore, by respecting individual dignity, providing equal opportunities, encouraging transparency, and building a positive organizational culture, organizations can ensure that employee development is not only effective, but also fair and dignified. The theory of dignified justice emphasizes that every individual has dignity that must be respected, carrying out performance on an ethical and moral basis that underlies professional behavior. The implementation of these principles will contribute to better employee development and the overall improvement of the quality of public services.
Handling victim blaming in cases of sexual violence against women (KBGO) by law number 12 of 2022 Ishwara, Ade Sathya Sanathana
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i2.5835

Abstract

Women are considered vulnerable groups, accounting for the majority of sexual violence victims. People often place partial or complete blame on women for the sexual violence they have experienced. This relates to the concept of gender equality, patriarchal culture, and the mass media. This research aims to provide a comprehensive understanding of the Sexual Violence Crime Law through literature studies, based on the principle that the best interests of the victim can reduce and prevent the occurrence of victim blaming. The research method applied is normative legal research, which uses a statutory and conceptual approach. The results of this research demonstrate the existence of various forms of victim blaming, their associated impacts, and the role that the Law of the Republic of Indonesia Number 12 of 2022 concerning the Crime of Sexual Violence plays in preventing and reducing victim blaming. Therefore, we anticipate that the results of this study will enhance our understanding of criminal law, particularly in the context of handling victim blaming in sexual violence cases, and offer valuable insights for government and law enforcement officials in the areas of law enforcement, public order, and public peace.
The Renewal of National Criminal Law: An Analysis of the Pancasila Law Philosophy Fajrin, Yaris Adhial; Kurniawan, Kukuh Dwi; Ishwara, Ade Sathya Sanathana
SASI Volume 29 Issue 4, December 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i4.1623

Abstract

Introduction: Reform of criminal law is an important aspect in organizing the politics of criminal law so that it can meet the legal needs of society. The legal philosophy of Pancasila occupies an important position in efforts to reform criminal law.Purposes of the Research: Reflection on criminal law renewal in terms of the legal philosophy of Pancasila.Methods of the Research: Normative legal research with conceptual, statutory and philosophical approaches.Results of the Research: The legal philosophy of Pancasila has relevance in relation to the reform of criminal law, including that the philosophy of Pancasila law can be a guide as well as a guide in both normative aspects and the practice of criminal law reform. In addition, the legal philosophy of Pancasila can also direct the orientation of criminal law reform in order to improve five important aspects of criminal law reform, namely aspects of legal substance, culture, structure, leadership, and the professionalism of law enforcement officials. The reading of Pancasila values in a hierarchical-pyramidal manner is important as a guide and direction for a criminal law reform process. Pancasila's legal philosophy has also become a norm of criticism in criminal law reform, namely providing criticism of norms and legal behavior of criminal law reform whether it is in accordance with Pancasila values or not.
Evaluation of the Implementation of Pancasila Values and Human Rights Enforcement in Indonesian Judicial System Through Constitutional Approach Saragih, Geofani Milthree; Ishwara, Ade Sathya Sanathana; Putra, Rengga Kusuma
Reformasi Hukum Vol 28 No 3 (2024): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i3.1082

Abstract

This study evaluates the application of Pancasila values and the enforcement of human rights in Indonesia's judicial system through a constitutional approach. Using normative legal research methods, the approach taken includes analysis of legislation, conceptual studies, as well as case studies of a number of relevant Constitutional Court decisions. The results show that the values of Pancasila, particularly the second and fifth precepts, play a fundamental role as the philosophical basis in the application and interpretation of human rights principles in Indonesia. The Constitutional Court has a strategic role in safeguarding the constitution while ensuring the enforcement of human rights through progressive legal interpretation. However, despite these positive steps, challenges such as inconsistencies in lower court decisions and mismatches between the rule of law and the needs of society remain. This research recommends strengthening Pancasila-based legal education, harmonizing legal policies, and increasing the capacity of judges in integrating human rights with social justice principles holistically. The findings confirm that the judicial system, with a strong constitutional approach, can be an effective tool in realizing social justice in accordance with the values of Pancasila and the constitution.
Pelaksanaan Hukuman Mati di Indonesia Berdasarkan Aspek Kemanusiaan, Etika, dan Moralitas: Perspektif Keadilan Utilitarian Ishwara, Ade Sathya Sanathana; Rodliyah, Rodliyah; Pancaningrum, Rina Khairani
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.435

Abstract

The implementation of capital punishment stipulated in Law Number 2/PNPS/1964 is clearly contrary to the second principle of Pancasila, the noble values enshrined in the 1945 Constitution, and the mandates of international conventions, thereby causing a legal antinomy or conflict of norms. This study employs normative legal research methods to identify legal rules, principles, and doctrines that address the legal issues encountered while utilising a legislative, conceptual, and comparative approach. Research results show the implementation of capital punishment policy should not be solely for the purpose of retribution but should also be based on humanitarian considerations, as stated in the second principle of Pancasila. For example, lethal injection is often considered more humane than other methods of execution. From a utilitarian perspective, this method is acceptable if it provides maximum benefit to society by reducing the suffering of the perpetrator (convicted person). Capital punishment by lethal injection, which has been used in several countries, including China, Thailand, and Vietnam, is considered more humane and upholds ethical and moral values, so lethal injection can be considered as an option for the method of capital punishment in Indonesia to replace the method of execution by firing squad.
Evaluating the Construction and Limitations of Opportunism Principle in Indonesian Judiciary: Mengevaluasi Konstruksi dan Keterbatasan Asas Oportunisme dalam Peradilan di Indonesia Ishwara, Ade Sathya Sanathana
Rechtsidee Vol. 11 No. 2 (2023): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i2.982

Abstract

This research scrutinizes the construction, limitations, and parameters of the opportunism principle concerning public interest within the framework of progressive law in Indonesia, employing a normative legal research methodology. The study intricately analyzes legislative regulations through the lens of progressive law theory, incorporating primary legal materials such as the 1945 Constitution of the Republic of Indonesia, the Criminal Procedure Code, and the laws governing the Judiciary and the Prosecution Service. The preliminary findings indicate a nebulous state in the conceptual evolution of the opportunism principle in Indonesia, characterized by a lack of explicit standards and limitations in its implementation. Furthermore, the study identifies a pressing need for a more stringent selection mechanism and orientation towards the opportunism principle for prospective Attorney Generals to foster legal certainty and diminish community legal uncertainty. This study aims to contribute towards fostering a robust jurisprudential foundation, enhancing the role and moral authority of the Attorney General in the criminal justice system.Highlights: Conceptual Ambiguity: Current ambiguities in the opportunism principle necessitate clearer implementation standards in Indonesia. Legal Reforms: The study advocates for pivotal legal reforms to bolster the Attorney General's moral authority and role within the justice system. Implications on the Attorney General's Role: The research highlights the necessity for improved training and stricter selection procedures for prospective Attorney Generals. Keywords: Opportunism Principle, Progressive Law, Indonesian Judiciary, Legal Certainty, Attorney General
Violation Of Properity As A Form Of Trade Secret Violation: Orientation And Construction Suhardin, Yohanes; Khuan, Hendri; Suryadi, Asep; Ishwara, Ade Sathya Sanathana; Thuong, Mac Thi Hoai
Jurnal Dinamika Hukum Vol 23, No 2 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.2.3666

Abstract

Trade secret is one of the intellectual property that must be protected. This relates to the existence of a company whose economic activities are based on trade secrets. Problems related to trade secrets are trade secret violations which are only formulated as violations of positive law provisions. In fact, in the era of modern business development there is a potential for violations of trade secrets that have not been accommodated by positive law. This study aims to analyze as well as construct aspects of a violation of decency as a form of violation of trade secrets. This research is a normative legal research that uses a concept, case, and statutory approach. The results of the study confirm that the orientation of a violation of decency as a form of trade secret violation can be carried out through extensive interpretation related to expanding the meaning of "laws and regulations" which has a broader meaning, namely "in accordance with legal provisions". There are two orientations of legal construction, namely short term and long term. The orientation of short-term legal construction is carried out by expanding the meaning of violating trade secrets not only contrary to positive law, but also including violations of decency that develop in society. The long-term orientation is that it is necessary to revise the provisions of trade secret law in order to keep abreast of developments in the growing business world.
Ethical problematics and political corruption in Indonesian elections: A review of dignified justice theory Fajrin, Yaris Adhial; Ishwara, Ade Sathya Sanathana
The International Journal of Politics and Sociology Research Vol. 12 No. 3 (2024): December: Law, Politic and Sosiology
Publisher : Trigin Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/ijopsor.v12i3.275

Abstract

The purpose of this research is to discuss political corruption associated with ethical problems that are factually new in the 2024 elections in Indonesia. The practice of political corruption in the 2024 elections can be said to be massive, referring to the symptoms of new totalitarianism, namely the engineering of legal and democratic mechanisms to accommodate the political interests of certain parties. Viewed from the perspective of dignified justice, in holding the 2024 elections, there are attempts to degrade and castrate the implementation and enforcement of legal norms and ethical norms at the same time. The phenomenon of money politics, the politicization of social assistance, and the engineering of legal and democratic mechanisms through the weakening of judicial institutions, in this case the Constitutional Court (MK), is proof that there is weak enforcement of legal norms and ethical norms in the 2024 elections. Therefore, the main solution to minimize political corruption is to simultaneously understand, implement, and enforce legal norms and ethical norms as the main substance of a dignified justice perspective. Meanwhile, a concrete solution to prevent or overcome political corruption during the election period is to ensure a clear separation of powers and independence in law enforcement.
Co-Authors Abdunayimova, Dinara Bintara Sura Priambada Chandra, M. Jeffri Arlinandes Disantara, Fradhana Putra Disantara, Geraldha Islami Putra Fajrin, Yaris Adhial Firmansyah, Jaka Hadi, Adwi Mulyana Hulwanullah, Hikam Khuan, Hendri Kurniawan, Kukuh Dwi Mahdi, Umar Putra, Rengga Kusuma Raden Mohamad Herdian Bhakti Rina Khairani Pancaningrum, Rina Khairani Rodliyah Rodliyah, Rodliyah Saragih, Geofani Milthree Thuong, Mac Thi Hoai Wirawan Wirawan, A. Rahmat Yenny Febrianty