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All Journal Yustisia JURNAL LITIGASI (e-Journal) Jambura Law Review
Jodi, Faris Fachrizal
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Law, Crime, Criminology & Criminal Justice Social Sciences

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pemberatan PEMBERATAN PIDANA BAGI PELAKU OBSTRUCTION OF JUSTICE DALAM UPAYA MEMBERIKAN DAMPAK POSITIF KINERJA PENEGAK HUKUM Jodi, Faris Fachrizal
LITIGASI Vol. 25 No. 1 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i1.10389

Abstract

In 2023, the universe of social media and television is filled with the term obstruction of justice or obstruction of legal process in the case that killed one of the police officers allegedly by his superiors. In their efforts to eliminate evidence, evidence, and fabricate cases, obstruction of justice was committed, involving several members of police. Obstruction of Justice is a serious thing that can be done by a person who intentionally prevents, hinders, or thwarts directly or indirectly an investigation or criminal legal process. How aggravation of criminal sanctions can be imposed upon as an effort to provide deterrence to the law enforcement who committed obstruction of justice to improve the performance of law enforcement? The approach used in this research is juridical normative. This is an approach that analyzes primary and secondary data. Normative approach is a conceptual approach to legislation, a case approach, and a comparative approach are also applied. The imposition of aggravation of sanctions upon the law enforcement is not only intended to retaliate but also to maintain spirit of National Police as the state representative in the field of investigation because evil acts committed by investigators (culprit) are not only unlawful, but also have damaged the criminal law enforcement system in Indonesia, the good name of the National Police as an investigator, and undermined public trust in the Indonesian criminal justice system. Therefore, criminal punishment is not only to provide a deterrent effect but also to provide efforts to improve the performance of investigators.
Restorative Justice: Finding Common Ground Between Justice and Shared Interests Yustia, Dewi Asri; Jodi, Faris Fachrizal; Panjaitan, Ananda Chrisna D.; Hassan, Fareed Mohd
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.32646

Abstract

In Indonesia’s current criminal justice practice, the resolution of criminal acts can be pursued through two main approaches: retributive justice, as regulated by the Indonesian Criminal Procedure Code (KUHAP), and restorative justice, which has gradually been adopted through various regulations at the stages of investigation, prosecution, and adjudication. Restorative justice emphasizes restoration rather than retribution by involving the offender, the victim, their respective families, and community figures in a collaborative process to reach a fair resolution. This study aims to examine the fundamental principles of restorative justice within the Indonesian criminal justice system and to propose a conceptual framework that promotes an integrative approach to resolving criminal cases by balancing the interests of all parties. Using a normative juridical method and a qualitative approach, the study finds that restorative justice is based on the principles of restitution, reconciliation, and social reintegration. To support its effective implementation, the concept should include the strengthening of legal norms concerning victims’ rights, the authority of law enforcement institutions, and the development of a justice system that embraces restorative values. Ultimately, the application of restorative justice is expected to shape a criminal justice system that is not only repressive but also ensures a balanced consideration of the interests of victims, offenders, and society as a whole.
The Legal Validity of Information Technology Utilization by Judges in Supervising the Execution of Criminal Sentences Yustia, Rd. Dewi Asri; Jodi, Faris Fachrizal
Yustisia Vol 14, No 3: December 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i3.101459

Abstract

The oversight and monitoring of the implementation of criminal sentences represent a vital yet inadequately developed aspect of Indonesia’s criminal justice system, especially in achieving sentencing goals such as rehabilitation, deterrence, and social reintegration. This article is urgent because criminal penalties are getting more complicated, judges have too much work to do, and information and communication technology (ICT) is moving too quickly for the Criminal Procedure Code (KUHAP) to keep up. The study aims to examine the legal obstacles encountered by courts in the oversight of criminal offenders via ICT and to develop a suitable legislative framework that confers binding legal authority to such technology. Utilizing a normative juridical methodology encompassing statutory, conceptual, philosophical, and comparative frameworks, this study examines Indonesian criminal procedural law in conjunction with comparative practices from several jurisdictions. The findings indicate substantial normative deficiencies in KUHAP regarding the utilization of ICT for judicial oversight and monitoring, leading to the constrained efficacy of post-sentencing supervision. The study suggests the explicit integration of ICT-based supervision standards into KUHAP to enhance judicial oversight of sentence implementation. The study enhances the evolution of criminal law by promoting discourse on criminal law policy, especially in reconciling procedural law reform with technological advancements and the changing aims of punishment.
Co-Authors Hassan, Fareed Mohd Panjaitan, Ananda Chrisna D. Rd. Dewi Asri Yustia