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All Journal Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Journal of Law and Policy Transformation LEGAL BRIEF IBLAM Law Review
Sanathana Ishwara, Ade Sathya
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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EDUCATING CHILDREN ON LEGAL MATTERS THROUGH LOCAL WISDOM PRINCIPLES APPROACHES AND ENHANCING RESTORATIVE JUSTICE IN THE CRIMINAL LAW SYSTEM: (strengthening Restorative Justice in the Criminal Law system) Suwito, Suwito; Bukit, Jonneri; Sanathana Ishwara, Ade Sathya; Done, Hardi; Moodley, Isabel
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.7706

Abstract

Providing a safe environment for children with legal issues is crucial in order to reduce the likelihood that they may commit similar crimes in the future. However, modern methods are often punitive and overlook the need of victim counselling and rehabilitation. This research seeks to address (1) How might a restorative approach be included into the resolution of juvenile court cases? and (2) How to tap into indigenous knowledge to implement Restorative Justice practices that help young offenders in Indonesia. The normative judicial procedure is adopted for this study. The findings highlighted the necessity to reevaluate the priority of customary law in attaining Restorative Justice in resolving legal disputes involving children in Indonesia. From the perspective of adat and local knowledge, criminal cases are issues that can only be handled with the participation of victims, their families, and the surrounding community. When it comes to investigating crimes, indigenous methods and local knowledge take cultural and social factors into account as well. The offered penalty is punitive, edifying, and beneficial to society as a whole in this circumstance. When put into practice, this method may enhance the restorative justice system in criminal law and educate youngsters how to cope with legal issues
Reconstruction of Law-Making in Indonesia: A Review of Legal Effectiveness Nasution, Mirza; Saragih, Geofani Milthree; Sulastri, Sulastri; Suaka, Mardhatillah; Sanathana Ishwara, Ade Sathya
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 17 No 2 (2025): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v17i2.10698

Abstract

Ideally, the formulation of laws in Indonesia should align with the principles of a state based on law, emphasizing justice, legal certainty, and utility. However, in reality, the legislative process is often influenced by political interests, weak public participation, and the poor quality of academic manuscripts that fail to support legal effectiveness. This study aims to analyze the weaknesses in the legislative procedure in Indonesia and to offer a more effective conceptual reconstruction so that legislative products truly reflect the will of the people and fulfill the principles of a state governed by law. This article falls under library research with a qualitative approach. The methodology employed is normative legal research. The findings indicate that the effectiveness of law in the legislative process has not yet been optimal due to ongoing political dominance, low-quality public participation, and weak academic foundations. Therefore, the reconstruction of the law-making process should focus on improving the quality of academic manuscripts, strengthening mechanisms for public participation, and consistently applying the principles of transparency and accountability.
The Construction of Corporate Fault related to Corporate Criminal Liability in the New Criminal Code: Implications and Formulation Sanathana Ishwara, Ade Sathya
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1151

Abstract

 On January 6, 2023, President Joko Widodo signed a new Penal Code (Law No. 1/2023) regulating corporate criminal liability in Indonesia, introducing significant changes in corporate criminal law. This regulation alters the definition, subjects, conditions of liability, justifications, and sanctions for corporations. The aim of this research is to identify the implications of the construction of corporate fault in the new Penal Code on corporate criminal liability in Indonesia and to formulate appropriate criminal sanctions based on this construction. The research employs a normative legal method with a legislative approach to analyze the construction of corporate fault in Law No. 1/2023, affecting corporate criminal liability in Indonesia. Data is gathered from legal texts, court decisions, legal literature, and analyzed with a focus on the implications and formulation of suitable sanctions for corporations. The implications of the construction of corporate fault in the new Penal Code (Law No. 1/2023) on corporate criminal liability in Indonesia are highly significant, expanding the accountability of corporations and individuals involved in corporate criminal activities. Despite varying opinions on these changes, the implementation of the new Penal Code reflects the government's commitment to improving corporate governance, promoting legal compliance, and ensuring the protection of public interests. The formulation of appropriate and proportionate criminal sanctions should encompass various aspects, ranging from fines to rigorous monitoring, restitution, and corporate education, to foster a more ethical and sustainable business environment while maintaining fairness and legal certainty.
REFORMASI HUKUM PIDANA: SUATU KAJIAN YURIDIS TERHADAP PEMBUKTIAN TINDAK PIDANA SANTET DALAM KUHP BARU Sanathana Ishwara, Ade Sathya
IBLAM LAW REVIEW Vol. 3 No. 3 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i3.191

Abstract

The purpose of this study is to clarify the concept of witchcraft crimes in Indonesia's positive law and the method of proving witchcraft crimes in Indonesia's criminal law reform. The research method used in this study is the normative legal research method, which is derived from the legal literature and is also referred to as doctrinal legal research. Examining the problem of witchcraft means examining a deeper legal issue: how the criminal law policy regarding the criminal act of witchcraft proves that witchcraft is a supernatural act. A formal and rational legal system only tries to capture external actions that can be known empirically and their cause-and-effect relationships proven. In the provisions of the Old Criminal Code in Indonesia, the criminalization of acts of black magic can be seen in Articles 545 to 547. Subsequently, there was a criminal law reform where the regulation of black magic offenses was located in Article 252, the proof of which was only based on the confession of the perpetrator of a criminal act who used supernatural powers. It is predicted that the application of the black magic offense will not be effective in the criminal justice process because it needs to be seen from the perspective of the effectiveness of the legal substance, where the evidence must be reasonable (logical) and acceptable to the five senses in order to find a bright spot in the commission of the black magic crime.
LEGAL PROTECTION AND RESTORATIVE APPROACH IN HANDLING CHILDREN INVOLVED IN TERRORISM CRIMES IN INDONESIA Sanathana Ishwara, Ade Sathya; Kirana , Sinta Dyah; Safira Erlangga, Vania Lutfi
IBLAM LAW REVIEW Vol. 4 No. 1 (2024): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v4i1.291

Abstract

This study examines the implementation of restorative justice in handling children involved in terrorism crimes in Indonesia. Restorative justice, which focuses on rehabilitating and reintegrating individuals into society, is a relevant approach to rehabilitating children involved in criminal acts of terrorism. The concept also allows community and victim participation in the settlement process. The study uses normative legal and analytic philosophical approaches. Although restorative justice has the potential to handle terrorism cases involving children, its implementation still faces challenges and requires cooperation from various parties. The research emphasizes that restorative justice should be part of a broader strategy in protecting children from involvement in terrorism, involving effective education, early intervention, and support for families and communities vulnerable to extremist influences. This study also emphasizes that implementing restorative justice in the context of criminal acts of terrorism involving children poses significant challenges and requires cooperation between various parties, including the legal system, educational institutions, families, and communities. The research argues that restorative justice should be an integral part of a broader strategy that involves effective education about the values of peace and tolerance, early intervention to detect and prevent radicalization, and support for families and communities vulnerable to extremist influences.
Co-Authors Bukit, Jonneri Done, Hardi Kirana , Sinta Dyah Moodley, Isabel Nasution, Mirza Safira Erlangga, Vania Lutfi Saragih, Geofani Milthree Suaka, Mardhatillah Sulastri Sulastri Suwito Suwito