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All Journal Veteran Law Review Jurnal Esensi Hukum International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Firmansyah R, Adithya Tri
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Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Criminal Law Politics of Rechterlijk Pardon Concept (Comparative Study the New Criminal Code and Juvenile Justice System Law): (Comparative Study the New Criminal Code and Juvenile Justice System Law) Firmansyah R, Adithya Tri; Rachman, Adhitya Alliyya; Yastisya, Annisa
Veteran Law Review Vol 7 No 1 (2024): Mei 2024
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v7i1.6606

Abstract

The original Indonesian version of legal identity that was born from the soul of the Indonesian nation has been camouflaged by the hegemony of western legal thought that tends to be legalistic, formalistic and liberal in spirit. Therefore, it is time to purify the national legal identity by reforming the law. One form of legal reform is carried out by the state through the reform of criminal law, namely the New Criminal Code which regulates the concept of judge forgiveness (Rechterlijk Pardon) to undermine the character of colonial legacy criminal law which is rigid and not in accordance with the legal needs of society. On that basis, this research aims to review and analyze the comparison of the regulation of the concept of Rechterlijk Pardon in the Criminal Code and the SPPA Law which also regulates Rechterlijk Pardon and analyze the political construction of criminal law in updating the regulation of Rechterlijk Pardon in the New Criminal Code. This research is a normative legal research (doctrinal). The results of this study indicate that Article 70 of the SPPA Law provides options for judges with two things, namely not imposing punishment or imposing measures. Meanwhile, the concept of Rechterlijk Pardon in Article 54 paragraph (2) of the New Criminal Code is that the judge can actually consider not imposing either punishment or action, which of course shows a difference. Furthermore, the political construction of criminal law of Rechterlijk Pardon in philosophical, sociological and legal considerations is that Rechterlijk Pardon is motivated by the need to reconstruction the understanding of judges to impose punishment by looking at the severity of the offender action as well as aspects of the needs of society values of justice.
PARTISIPASI MASYARAKAT DALAM JUDICIAL REVIEW DI MAHKAMAH KONSTITUSI SEBAGAI WUJUD MENGUATKAN PRINSIP NEGARA HUKUM KESEJAHTERAAN Firmansyah R, Adithya Tri
Jurnal Esensi Hukum Vol 5 No 1 (2023): Juni - Jurnal Esensi Hukum
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/esensihukum.v5i1.227

Abstract

Society participation is an important discourse to study, especially in the paradigm of a democratic rule of law which principally requires society involvement in its implementation. Of course this implementation also includes the formation of laws, where the community has a crucial position to be involved in ensuring that laws achieve their ideal goal of prosperity. However, in the current dynamics of enactment of laws it seems to be a manipulative process, for purposes that are contrary to good intentions. When such conditions occur, society can use constitutional means to evaluate laws that have the potential to violate their rights through judicial review. Therefore this research wants to examine society participation in judicial review at the Constitutional Court as a form of strengthening the principle of a welfare state. This study uses a normative juridical method with a statute approach. The results of this study concluded that the state is responsible for ensuring the welfare of every citizen. To achieve this welfare requires a law to regulate it. However, if the law produced by the state government is far from aiming to prosper, then the society can take a role by filing a request for judicial review at the Constitutional Court. The activity of filing a request for judicial review is an effort for the society to actively participate in evaluating laws to strengthen the principle of a welfare state which has the basic idea that every legal product must have an aspirational element for the society.
IUS CONSTITUENDUM CONTROL OF PRESIDENT’S AUTHORITY IN ENACTING GOVERNMENT REGULATIONS IN LIEU OF LAWS TO MINIMIZE ABUSE OF POWER Firmansyah R, Adithya Tri; Muchamad Ali Safa’at; Tunggul Anshari Setia Negara
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1327

Abstract

This research came from requestioning the existence of presidential’s subjective authority in enacting governmental ruling as replacement to a Law (hereinafter will be referred as Perppu), as according to Article 22 Clause (1) of Republic of Indonesia’s basic law of 1945 which havent ruled the strict limitation of presidential authority in determining matters of outmost emergency, this should be questioned because in reality indonesia still yet to fully shows an image befitting democratic country of law because the nonexistence of adequate control over the use of institutional power, and based on that, this research is necessary to be executed for it to offers a control of authority model for enacting a perppu by The President, result and topic of this research concluded that: First, when reading about history of Indonesian Constitution, there is nowhere to be found an adequate explanation about the existence of terms in Article 22 clause (1) Republic of Indoneisa’s basic law of 1945, but from developing doctrines, said terms are influenced by regulation about affairs of state during Dutch East-Indies era which providing clues about the exisrtence about matters of outmost emergency. Second, Presidential authority in determining matters of outmost emergency which take shape in form of perppu, is need to be controlled in the future by reconstruction the objectivity of Perppu in Parliament, inside a framework of meaningful participation and reconstruction of Constitutional Court’s authority on judicial control against the enactment of Perppu to minimize Abuse of Power.
Co-Authors Muchamad Ali Safa’at Rachman, Adhitya Alliyya Tunggul Ansari Setia Negara Yastisya, Annisa