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Laia, Filpan Fajar Dermawan
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Urgensi Penetapan Peraturan Pemerintah tentang Pidana Kerja Sosial di Indonesia Berdasarkan KUHP Baru Laia, Filpan Fajar Dermawan
SIGn Jurnal Hukum Vol 6 No 1: April - September 2024
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v6i1.350

Abstract

This research aims to contribute by providing a conceptual framework for drafting government regulations on community service sentences from an Indonesian criminal law perspective while also drawing comparisons with practices in Canada and the Netherlands. A normative legal research method is employed, involving a qualitative analysis of the collected legal materials. The findings indicate that community service sentences in Law Number 1 of 2023 signify a paradigm shift in the Indonesian criminal justice system towards a more humane and restorative approach. Comparisons with Canada and the Netherlands offer valuable insights into the effective and just imposition of community service sentences. The principles of restorative justice and utilitarianism, along with the comprehensive regulations in the Canadian Criminal Code and the Wetboek van Strafrecht, can serve as references in formulating robust government regulations in Indonesia. The urgency of establishing these government regulations is underpinned by the need for legal certainty, human rights protection, and optimization of the benefits of community service sentences for convicted individuals, ensuring that this sentence is not merely an alternative punishment but also an effective instrument in achieving the rehabilitation and social reintegration of offenders. Therefore, it is recommended that the Government promptly formulate Government Regulations on community service sentences, considering best practices from other countries and paying attention to relevant laws. It is also recommended that the House of Representatives consider amending Law Number 8 of 1981 regarding the regulation of community service sentence implementation to ensure harmony and legal clarity between the Criminal Procedure Code and the New Penal Code and to provide a solid legal basis for the Public Prosecution Service in carrying out its supervisory duties.
Keadilan Restoratif dan Hukum yang Hidup Berdasarkan Hukum Adat Dayak Ngaju: Sebuah Analisis Komprehensif Laia, Filpan Fajar Dermawan
SIGn Jurnal Hukum Vol 6 No 2: Oktober 2024 - Maret 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v6i2.363

Abstract

This article aims to explain the importance of the restorative justice concept in Indonesia. It analyses the implementation of this concept under the Indonesian criminal procedural law and the Dayak Ngaju Adat Law. The following analysis gathers legal doctrines concerning restorative justice, the Indonesian criminal procedural code concerning prosecution, and the Dayak Ngaju Adat Law cases. From the first discussion of this article, it can be understood that restorative justice is a concept that upholds reparation and a win-win solution for the victim and the offender. This concept is constituted under Article 139 of Law Number 8 of 1981 and the Attorney General Regulation Number 15 of 2020. The second discussion indicates that this practice is also well recognized under the Dayak Ngaju Adat Law. This Indigenous community implements the Tumbang Anoi Peace Agreement, an adat law that upholds the reparation concept and the win-win solution in solving criminal issues. Last but not least, from the third discussion, this article arrives at a recommendation where restorative justice shall be preserved and enhanced under both the Indonesian positive law and the living law. This is because restorative justice is in line with the Pancasila or the Indonesian five principles which are the main sources of the Indonesian law.