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All Journal Unes Law Review Berajah Journal
Patria Setyawan, Vincentius
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Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences

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The Importance of Law Enforcement Based on Progressive Law in Realizing Community Welfare Halim, Chandera; Patria Setyawan, Vincentius
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.v6i3.1889

Abstract

Progressive Law emerged from Satjipto Rahardjo's idea of ​​seeing the worrying reality of law enforcement in Indonesia. The law tends to favor the strong and oppress the weak, sharp downwards but dull upwards. This article discusses the importance of having behavior based on Progressive Law in law enforcement. The method used in writing this article is a normative legal research method with a conceptual approach. The results of this research are that law enforcement that improves the welfare of the people in the style of Progressive Law will be formed if law enforcement officers have progressive law enforcement behavior. The meaning of progressive behavior is law enforcement that is sensitive to the realization of the values ​​of justice, and is not confined solely to the formulation of the text of the law. Such law enforcement will create justice, benefit and welfare for society.
ANALYSIS OF LIVING LAW INTEGRATION IN INDONESIAN CRIMINAL LAW REFORM Dwi Kurniawan, Itok; Patria Setyawan, Vincentius
Berajah Journal Vol. 4 No. 2 (2024): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v4i2.328

Abstract

The principle of formal legality promoted by the WvS-NI translation of the Indonesian Criminal Code (Old Criminal Code) has laid down statutory regulations (written law) as the only basis for implementing criminal law provisions. The principle of formal legality has closed the existence of the living law of Indonesian society which has existed since the Indonesian state was still in the form of kingdoms. The purpose of writing this article is to analyze the integration of living law into criminal law in updating the principle of legality, which was originally only a formal legality principle, but now also includes a material legality principle. This article was written using a normative legal research method with a conceptual approach. The result of this research is that the integration of living law as a source of criminal law to implement criminal law provisions is a positive step to provide space for the application of the original laws of the Indonesian nation. However, in its implementation, comprehensive regulations are needed, especially regarding the institutionalization of living law because its nature is local, while criminal law is national. Apart from that, there is also a need for a common perception regarding the measures of justice so as to create legal certainty regarding the application of living law in criminal law.
The Importance of Law Enforcement Based on Progressive Law in Realizing Community Welfare Halim, Chandera; Patria Setyawan, Vincentius
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.v6i3.1889

Abstract

Progressive Law emerged from Satjipto Rahardjo's idea of ​​seeing the worrying reality of law enforcement in Indonesia. The law tends to favor the strong and oppress the weak, sharp downwards but dull upwards. This article discusses the importance of having behavior based on Progressive Law in law enforcement. The method used in writing this article is a normative legal research method with a conceptual approach. The results of this research are that law enforcement that improves the welfare of the people in the style of Progressive Law will be formed if law enforcement officers have progressive law enforcement behavior. The meaning of progressive behavior is law enforcement that is sensitive to the realization of the values ​​of justice, and is not confined solely to the formulation of the text of the law. Such law enforcement will create justice, benefit and welfare for society.
Co-Authors Dwi Kurniawan, Itok Halim, Chandera