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All Journal Widya Yuridika Unes Law Review Jurnal Simbur Cahaya
Putra Frans, Mardian
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Arts Humanities Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Makna Yuridis Tindak Pidana Yang Sifatnya Ringan Dalam Konsep Judicial Pardon Ditinjau Berdasarkan Asas Legalitas Nazara, Imanuel; Burhanudin, Krisna; Putra Frans, Mardian
Widya Yuridika Vol 8 No 1 (2025): Law and Society
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v8i1.5573

Abstract

The legal issue of this research is the blurring of the juridical meaning of light criminal acts in the provision of forgiveness by a judge or what is also called Judicial Pardon which is contained in Article 54 Paragraph (2) of Law Number 1 of 2023 concerning the Criminal Code. This research analyzes in particular the explanation of Article 54 Paragraph (2) relating to the phrase contained in that Article, namely minor criminal acts. Indicators of an act as a light criminal act are not explained explicitly, such as benchmarks for the lightness of the act, the threat of punishment, and the threat of a fine in the Criminal Code, thereby giving rise to ambiguity or unclear meaning which can cause inequality in the application of punishment in criminal law. in Indonesia. This research is normative legal research which examines it based on positive law. The results of this research are that regarding the meaning of minor criminal acts in the judge's giving of forgiveness is not in accordance with the principle of legality, namely that there is unclear meaning. The aim of this research is to explore the meaning of minor criminal acts in giving forgiveness by judges based on the principle of legality.
Konflik Antara Hukum Adat dan Hukum Nasional: Kasus Kawin Tangkap di Sumba Djaga Mesa, Grendhard; Putra Frans, Mardian
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1717

Abstract

This study aims to investigate the conflict between customary and national laws in Sumba Barat Daya, particularly concerning the controversial practice of "kawin tangkap" (forced marriage). The primary objective is to analyze the impact and dynamics of this legal conflict, focusing on human rights violations, especially those affecting women, and to explore solutions to alleviate tensions between customary and national laws. The research methodology employs a qualitative approach, gathering data from various reliable online news sources, conducting interviews, and analyzing public opinions. Thematic data analysis is utilized to identify different perspectives, arguments, and policy implications. Thus, this research integrates legal, human rights, and policy perspectives on the legal conflict in Sumba Barat Daya, providing relevant policy recommendations to address the issues at hand.
Restorative Justice sebagai Upaya Pemulihan Kerugian Negara dalam Tindak Pidana Penghindaran Pajak dan Penggelapan Pajak Putra Frans, Mardian; Purbowo, Alma Aulia Shafa; Tobing, Ade Tesalonika; Padang, Amanda Vala Batara Rundu
Simbur Cahaya Volume 32 Nomor 2, Desember 2025
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/sc.v32i2.5211

Abstract

Tax evasion and tax avoidance crimes directly reduce state revenue and significantly hinder public funding. Conventional criminal sanctions, such as imprisonment and fines, are considered ineffective as they fail to ensure restitution and may even increase state expenses due to prison costs. This study aims to examine the effectiveness of the restorative justice approach as an alternative solution in the enforcement of tax criminal law. The research uses a normative legal method, relying on statutory analysis and relevant legal literature. Findings reveal that the application of restorative justice, as regulated under Article 44B of the General Provisions and Tax Procedures Law (UU KUP) and supported by the Harmonization of Tax Regulations Law, offers a strategic mechanism for recovering state losses through penal mediation between taxpayers and tax authorities. This approach aligns with the principle of ultimum remedium, where criminal punishment serves as a last resort after administrative efforts fail. The study concludes that restorative justice not only facilitates more efficient restitution but also enhances voluntary tax compliance. Therefore, it is necessary to establish specific regulations and technical guidelines to implement this mechanism more systematically
Co-Authors Burhanudin, Krisna Djaga Mesa, Grendhard Nazara, Imanuel Padang, Amanda Vala Batara Rundu Purbowo, Alma Aulia Shafa Tobing, Ade Tesalonika