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All Journal Sosiohumaniora Mimbar Keadilan Jambura Law Review Ex Aequo Et Bono Journal of Law
Panjaitan, Ananda Chrisna D.
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Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Optimalisasi peran pihak ketiga yang berkepentingan dalam praperadilan melalui penegakan hukum menuju pembaharuan hukum acara pidana Panjaitan, Ananda Chrisna D.
Ex Aequo Et Bono Journal Of Law Vol. 1 No. 2: (January) 2024
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v1i2.2024.294

Abstract

This article will explain the important role of third parties in pretrial institutions and analyze the legal standing of non-governmental organizations in reforming criminal procedural law. The additional interpretation made by the Constitutional Court Decision provides legal standing to the community represented by Non-Governmental Organizations as supervisors of possible errors or arbitrariness in terminating investigations or discontinuing prosecutions. Furthermore, in reforming the criminal procedure law, Commissioner Judges, who in the RKUHAP have duties and authority that have advantages compared to the Pretrial Institution in the KUHAP, are expected to also provide access to interested third parties, one of whose subjects is the public, to submit applications freely in accordance with the certain requirements.
The Ideal Concept of Requirements for Ad Hoc Human Rights Judges at the Supreme Court to Achieve Justice Panjaitan, Ananda Chrisna D.
Mimbar Keadilan Vol. 18 No. 1 (2025): Februari 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i1.11119

Abstract

Resolving severe human rights abuses in Indonesia requires serious efforts. One significant case, the human rights abuses in Paniai, remains unresolved and has not yet found justice. After the accused was acquitted, the Attorney General filed an appeal to the Supreme Court. However, the cassation process has not proceeded due to the absence of ad hoc human rights judges at the Supreme Court. The stringent requirements for ad hoc judges at the Supreme Court level serve as a barrier to attracting competent candidates. This study employs normative legal research methodology, utilizing both legislative and case approaches. The findings indicate that there is a need to amend the administrative requirements outlined in Paragraph 4, clauses (d) and (e), which pertain to the age and experience of prospective ad hoc judges. These requirements hinder qualified candidates, particularly those with expertise in severe human rights abuses, from applying. The inefficiency and ineffectiveness of these administrative criteria contribute to delays in resolving such cases. The study advocates for revising the age and experience requirements, emphasizing that the critical factor in resolving severe human rights abuses is the ad hoc judges' knowledge of victim rehabilitation and the imposition of appropriate penalties on perpetrators. Revising these requirements is essential to expedite the resolution of severe human rights abuses and to ensure a more effective judicial process.
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.
INTEGRATING CUSTOMARY LAW AS LIVING LAW IN INDONESIA’S NATIONAL LEGAL SYSTEM: CHALLENGES AND INSTITUTIONAL GAPS Panjaitan, Ananda Chrisna D.; Panjaitan, Torang Fadly
Sosiohumaniora Vol 28, No 2 (2026): Vol 28, No 2 (2026): Sosiohumaniora: Jurnal Ilmu-Ilmu Sosial dan Humaniora, JUL
Publisher : Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/sosiohumaniora.v28i2.67792

Abstract

Customary law in Indonesia remains a living system that reflects community values, social ideals, and conceptions of justice. However, its position within the national legal framework continues to generate tension, particularly due to the dominance of statutory law, which prioritizes formal rationality and legal certainty. This study aims to examine how the interaction between customary law and national law is constructed and implemented in Indonesia, as well as to identify the factors that hinder their effective integration. Using a normative legal research method based on a systematic review of secondary legal materials, this study analyses legal doctrines, statutory regulations, and relevant scholarly works concerning legal pluralism. The findings reveal that, despite formal recognition, the integration of customary law into the national legal system remains fragmented. Limitations within legal institutions, legislative frameworks, and judicial practices contribute to inconsistencies in accommodating customary law-based disputes. This study argues that the lack of clear operational mechanisms and institutional support has resulted in suboptimal legal outcomes, particularly in ensuring justice for communities governed by customary norms. By highlighting both structural constraints and potential avenues for reform, this research contributes to the discourse on legal pluralism by proposing a more coherent approach to harmonizing customary and national law, aimed at achieving justice, legal certainty, and respect for Indonesia’s diverse legal traditions.
Co-Authors Hassan, Fareed Mohd Jodi, Faris Fachrizal Panjaitan, Torang Fadly Rd. Dewi Asri Yustia