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HAMDANI, Helmi
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Law, Crime, Criminology & Criminal Justice

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The Role of Judges in Realizing the Three Basic Legal Values Reviewed from Gustav Radbruch's View KRISTHY, Mutia Evi; HAMDANI, Helmi; SIAMIKO, Miko; SANJAYA, Oki
Journal of Political And Legal Sovereignty Vol. 1 No. 3 (2023): Journal of Political And Legal Sovereignty (July – September 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i3.81

Abstract

Purpose - Judicial power is necessary in a legal state. Judicial power functions to enforce the law by force. Forced law enforcement aims to achieve legal objectives. According to Gustav Radbruch, the law aims to fulfill a sense of justice, certainty, and benefit in living together.AMethodology - The fundamental values of law which, according to Gustav Radbruch, include justice (philosophical), legal certainty (juridical), and benefits for society (sociological)Findings - Gustav Radbruch's view of the three primary legal values is very important for judges in deciding cases. In realizing these values, judges should remain neutral, independent, and free and not be interfered with by political or government interests.Implication - Officials implementing judicial power should uphold the philosophical, juridical, theological, and moral meaning of irah-irah "for the sake of justice based on belief in the Almighty God" in every decision they pronounce. Conflicts in upholding justice, expediency, and legal certainty should not make every law and decision useless for a society that believes in justice.
Children's Criminal System as Criminal Offenders Perspective of Law Number 11 Of 2012 Concerning Children's Criminal Justice System FAHLAVI, Ananda Alif Rizal; ASMARANI, Emma Dwi; SHELVIANA, Shelviana; DEBIANTHO, Debiantho; HAMDANI, Helmi; ASIHAY, Yayang; JOVI; DODY; KRISTHY, Mutia Evi
Journal of Political And Legal Sovereignty Vol. 1 No. 3 (2023): Journal of Political And Legal Sovereignty (July – September 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i3.127

Abstract

Purpose: This study describes the principles system of legal protection against Children as criminal perpetrators in Law of the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Criminal Justice System refers to the Convention on The Rights of The Child, and it has covered most of the principles of child protection perpetrator as well.Methodology:The research method used in this study is normative legal research because it includes the scope of legal dogmatic learning or researching legal rules.Findings: The study also found that the provision of punishment against the child has been following that stipulated in Law Number 23 of 2002 concerning Children Protection, which states that imprisonment can be applied to the child when there is no last effort any longer and shall be executed separately from the adult prison.Implication:The child protection efforts shall be implemented by imposing restorative sentencing (restorative justice) and diversion if completing the requirement of Law Number 11 of 2012 concerning the juvenile criminal justice system.
Co-Authors ASIHAY, Yayang ASMARANI, Emma Dwi DEBIANTHO, Debiantho Dody FAHLAVI, Ananda Alif Rizal JOVI Kristhy, Mutia Evi SANJAYA, Oki Shelviana, Shelviana SIAMIKO, Miko