Article Per Year (5 Year)
p-Index From 2020 - 2025
0.408
P-Index
This Author published in this journals
All Journal Al-Adalah: Jurnal Hukum dan Politik Islam Sinergi International Journal of Law
Junaedy, Achmad
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Injustice Behind Rights: Unveiling the Paradox of Wrongful Arrest Victims Cahya, Sebastian Dwi; Sakmaf, Marius Suprianto; Junaedy, Achmad
Sinergi International Journal of Law Vol. 2 No. 3 (2024): August 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i3.154

Abstract

This research aims to examine the phenomenon of mistaken arrest and its impact on the rights of victims, particularly concerning compensation and rehabilitation mechanisms. Cases of wrongful arrest are frequent in Indonesia; however, the compensation and rehabilitation mechanisms for victims are still suboptimal, resulting in injustice for those whose rights have been violated. This study differs from previous research in that it specifically focuses on the compensation and rehabilitation mechanisms for victims of wrongful arrest in the context of human rights enforcement in the Manokwari region, rather than addressing mistaken arrest cases generally. Qualitative methodology is employed to understand the phenomenon and its implications for human rights in Indonesia. Data is gathered through interviews and document analysis. The study finds that compensation and rehabilitation mechanisms for victims of wrongful arrest still face various normative and non-normative challenges, resulting in injustice for victims who do not fully receive their rights. Legal reforms and increased awareness among law enforcement officials are crucial to ensure the fulfillment of the rights of wrongful arrest victims. The implications of these reforms and increased awareness can lead to a fairer and more accountable criminal justice system, where human rights are respected and protected.
Wrongful Convictions Without Punishment Trought Judicial Pardon Perspective Fiqh Islamic Criminal Law Junaedy, Achmad; Marlina, Andi; Kholid, Muhammad; Waeno, Muhamadaree
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 9 No 2 (2024)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v9i2.6290

Abstract

This research aims to explore the concept of judicial forgiveness in criminal law reform and assess justice in criminal judgments from an Islamic law perspective. The research method used is normative legal research focusing on wrongful conviction without punishment in Islamic law and the new Criminal Code (KUHP). The data was collected through a desk study, in which the researcher analyzed various sources such as books, legal regulations, and academic journals. This research contributes significantly by highlighting the importance of judicial forgiveness in criminal law reform, particularly in achieving holistic justice for victims and perpetrators. By emphasizing human values and Islamic principles, this research presents a comprehensive view of how judicial forgiveness can be an alternative to the compensation system. The research findings emphasize that judicial forgiveness is a crucial step in improving the efficiency of the corrections system, reducing prison overcrowding, and restoring the social balance disrupted by crime. The research proposes that a judicial forgiveness approach can reduce reliance on imprisonment as the sole form of punishment, which is often ineffective and unfair, especially in minor crimes.
Co-Authors Cahya, Sebastian Dwi Marlina, Andi Muhammad Kholid Sakmaf, Marius Suprianto Waeno, Muhamadaree