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All Journal Jambe Law Journal Unes Law Review
Pratiwi Arifin, Arnita
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Sanksi Pidana Merintangi Upaya Penanggulangan Kejadian Luar Biasa dan Wabah dalam Pembaruan Undang-Undang Kesehatan Munandar, M. Aris; Pratiwi Arifin, Arnita; Khamila, Alya
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1839

Abstract

The research method used in this article is normative legal research, with a statutory approach. This research aims to identify legal rules, legal principles, and legal doctrines that are relevant to the legal issues of overcoming extraordinary events and outbreaks, as well as to find the basis and ontological foundation behind the formation of certain laws, including the identification of the ratio legis. Criminal law policies against perpetrators of criminal acts, especially related to the handling of extraordinary events and outbreaks, have significant implications for the implementation of prevention efforts and the achievement of sustainable development goals, especially in the 3rd Sustainable Development Goals (SDG) related to sustainable health. Criminal sanctions must be clear and firm to ensure legal certainty for the community in accordance with the principle of legality. However, in Article 446 of the Health Law, there are deficiencies and vagueness in the formulation of articles that can hinder effective law enforcement, especially in emergency situations such as the Covid-19 pandemic. The ideal concept of punishment comprehensively considers the factors that influence criminal offenders, in line with the principles of justice and takes into account social and economic factors. Flexibility in the application of punishment, such as community service as an alternative to fines, can be more relevant and have a positive impact, especially in public health emergencies. Refinement and adjustment of criminal law policies are essential to support the management of extraordinary events and outbreaks and achieve sustainable development goals in the health sector.
Juvenile Criminal Responsibility in Justice Systems: A Comparative Study of Judicial Interpretations in Indonesia and Australia Muchtar, Syamsuddin; Irwansyah, Irwansyah; Yunus, Ahsan; Pratiwi Arifin, Arnita; Faried, Markham
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.387

Abstract

This study explores the intersection balance between legal frameworks and customary obligations in the imposition of additional punishment by judges, particularly in the context of juvenile justice in Indonesia. As a normative-legal research, this study employs philosophical, theoretical, and conceptual approaches to examine how juvenile criminal justice systems of Indonesia and Australia, with focus on the Provinces of Bali and West Papua, where indigenous and local knowledge play a significant role in shaping judicial decisions. The findings reveal that Indonesian judges incorporate theological, sociological, and legal considerations when determining juvenile criminal responsibility. By blending community norms with legal principles, they aim to ensure justice that aligns with societal values. This approach underscores the significance of harmonizing legal decisions with local cultural expectations, fostering a restorative justice model that prioritizes rehabilitation over punishment. In contrast, Australia’s juvenile justice system emphasizes formal legal procedures and rehabilitation but does not integrate local cultural norms as extensively as Indonesia. By comparing these two systems, the study provides valuable insights into how legal frameworks can adapt to diverse cultural contexts while upholding universal principles of justice. This research enriches the global discourse on juvenile justice, highlighting Indonesia's experience as a compelling example of a legal system striving for justice through a culturally sensitive and restorative approach.
Co-Authors Faried, Markham Irwansyah Irwansyah Khamila, Alya Munandar, M. Aris Syamsuddin Muchtar Yunus, Ahsan