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All Journal Jurnal Hukum Progresif JURNAL PEMBANGUNAN HUKUM INDONESIA
Agusta, Evelin Nur
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Law, Crime, Criminology & Criminal Justice

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EMBRACING RESTORATIVE JUSTICE: A PATH TOWARDS EQUITABLE MEDIATION IN CRIMINAL CASES Agusta, Evelin Nur
Jurnal Hukum Progresif Vol 12, No 1 (2024): Volume: 12/Nomor1/April/2024
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.12.1.56-65

Abstract

Mediation is a viable option in criminal cases, as it adheres to the principle of achieving a fair and equitable form of justice. Restorative justice is a process that aims to resolve criminal cases by incorporating the perpetrator, victim, perpetrator’s family, and other relevant parties. The goal is to collectively seek a fair conclusion that focuses on restoring the original condition rather than seeking revenge. This essay elucidates the imperative nature of utilising media in criminal cases to achieve restorative justice. Restorative justice has been adopted somewhat in general criminal cases by law enforcement. Execution of Restorative Justice. Furthermore, it aligns with the core principles of our nation, Pancasila, which emphasises the importance of equilibrium, unity, peaceful coexistence, equality, fraternity, and collective decision-making. If Restorative Justice is implemented appropriately, it aims to give the community a perception of justice and advantageous outcomes.
A Juridical Study of the Death Penalty for Premeditated Murder in the Perspective of Indonesian Criminal Law Reform Agusta, Evelin Nur; Pujiyono, Pujiyono; Sa'adah, Nabitatus; Putra, Aista Wisnu
Jurnal Pembangunan Hukum Indonesia Volume 7, Nomor 1, Tahun 2025
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i1.98-117

Abstract

One of the most serious crimes is premeditated murder because it is carried out with deliberate planning and conscious thought of the loss of the victim's life. The definition and specifications of the planning aspect in premeditated murder are not regulated in the Criminal Code. The deterrent effect of the death penalty in premeditated murder must be considered by the judge very carefully, because the death penalty is irreversible . In addition, in terms of the implementation of the death penalty which still reaps protests from human rights activists. This paper aims to re-describe the relevance and urgency of the death penalty in terms of punishment for perpetrators of premeditated murder. The type of research used in this writing is a type of doctrinal research, using an analytical approach method to the norms behind the text of the legislation, both legally and philosophically. This study produces an analysis of the element of planning in the Criminal Code and the conclusion is that there are no clear details about the element of "planning" in Article 34 of the old Criminal Code or Article 459 of the new Criminal Code.
Co-Authors Pujiyono Pujiyono Putra, Aista Wisnu Sa'adah, Nabitatus