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All Journal Unram Law Review Journal of Law, Poliitic and Humanities
Gary Gagarin Akbar, Muhamad
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Restorative Justice as a Means to Achieve Justice and Legal Certainty in Defamation Cases Arma Sentia Putri, Renalda; Gary Gagarin Akbar, Muhamad; Abas, Muhamad
Unram Law Review Vol 8 No 2 (2024): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v8i2.374

Abstract

Restorative justice is an alternative approach to resolving legal conflicts, including defamation cases, which emphasizes peaceful settlement outside the court. This process involves cooperation among the perpetrator, victim, families, and the community to find a fair solution. This research highlights the importance of implementing restorative justice in handling defamation cases, which often cause psychological harm to victims, especially in the digital era where the internet and information technology facilitate the unlimited dissemination of information. Currently, the enforcement of laws, particularly regarding defamation offenses, is frequently criticized for failing to provide full justice, especially when imprisonment is imposed. Authorities often use articles related to defamation and insults in the Indonesian Criminal Code (KUHP), such as Articles 310 and 311, along with Law No. 11 of 2008 on Electronic Information and Transactions (ITE), as the basis for legal action. However, this approach neglects the aspects of recovery for victims and rehabilitation for offenders. This study aims to understand how restorative justice can be applied to defamation cases via social media, focusing on mediation aimed at achieving peace among the involved parties. The methodology employed is normative juridical research, with an analysis of relevant legislation. The findings indicate that a restorative approach can offer a fairer and more humane solution to defamation, particularly in the digital era. The implications of this research highlight the need to integrate restorative justice within the criminal justice framework, especially regarding cybercrimes.
Effectiveness of Proportional Systems in Legislative General Elections In Legal Politics Perspective Ichsan Maulana; Gary Gagarin Akbar, Muhamad; Abas, Muhamad; Hidayat, Anwar
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.491

Abstract

The system used in the Indonesian Election is an open proportional system and a closed proportional system. The open proportional system that makes the winner of the most votes in the election creates an unfair competitive atmosphere between legislative candidates, this system dominates the practice of money politics and so on, the closed proportional system also has bitter experiences, the journey of elections since the New Order to the reformation which uses a closed proportional system based on serial numbers is considered to only produce people's representatives who are closer to the interests of political party elites and their groups who have personal interests. Legal Politics has a very important role as a basis for perspective in increasing the effectiveness of national legal development. This study uses descriptive and empirical socio-legal or non-doctrinal methods, applying special legal science research that combines legal norms with sociological aspects through the approach of legal principles and political behavior. To bring elections to an ideal level within the framework of democracy is not only limited to the election system, but must be in line with the awareness of moral values ??upheld by every citizen, both voters and election contestants. Therefore, an appropriate framework of thought is needed with the principle of appreciation in every norm of life. The open proportional system is more relevant to the principle of people's sovereignty, but improvements are needed to the mechanisms and technical provisions in its implementation. Improvements to the open proportional system are important to ensure that this system can run effectively and democratically.
Co-Authors Abas, Muhamad Arma Sentia Putri, Renalda Hidayat, Anwar Ichsan Maulana Muhamad Abas