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All Journal Nagari Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL USM LAW REVIEW JUSTICIA SAINS: Jurnal Ilmu Hukum
Fitriasih, Surastini
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Nagari Law Review

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Tinjauan Terhadap Keringanan Penjatuhan Pidana Sebagai Insetif Dalam Tindak Pembunuhan Berencana Kepada Justice Collaborators Kartolo, Rahmat; Fitriasih, Surastini
Nagari Law Review Vol 7 No 3 (2024): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.3.p.486-496.2024

Abstract

This article aims to examine the reduction of criminal penalties as a form of reward or incentive for justice collaborators. This is prompted by the pro and con debate over the verdict of the Panel of Judges in the case of Barada Richard Eliezer, who was sentenced to 1 year and 6 months for the planned murder of Brigadir Nofriansyah Yosua Hutabarat. The legal issue revolves around the absence of clear criteria for the extent of such leniency, as it remains within the prerogative of the judge. This research is conducted using normative legal research, involving an analysis of all relevant laws and regulations related to the legal issue under investigation. These include the Supreme Court Circular Letter Number 4 of 2011 on the treatment of crime reporters (whistleblowers) and justice collaborators in specific criminal cases, and the Republic of Indonesia Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 on Witness and Victim Protection. The research results suggest the need for consistency in judicial decisions regarding the extent of sentence reduction for justice collaborators. The author recommends considering the Italian regulations in dealing with organized crime, where defendants who are willing to become justice collaborators, thereby assisting in uncovering criminal groups and providing necessary evidence, may receive reduced prison sentences. A life sentence can be replaced with a prison term of 12 to 20 years, and other sentences can be reduced by one-third to two-thirds. According to the author, this reduction can be determined based on the maximum criminal penalty they face, as stipulated in Article 199 of the Draft Criminal Procedure Code (RUU KUHAP).
Proyeksi Konsep Pedoman Pemidanaan Dalam Sistem Peradilan Pidana Di Indonesia: Telaah Perbandingan Hukum Dengan Amerika Serikat Lathof, Muhammad Zuhal Qolbu; Fitriasih, Surastini
Nagari Law Review Vol 7 No 3 (2024): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.3.p.466-485.2024

Abstract

Since 2020, the criminal justice system in Indonesia has been awarded two sentencing guidelines which can be found in Supreme Court Regulation Number 1 of 2020 concerning Sentencing Guidelines Article 2 and Article 3 of the Corruption Eradication Law and Articles 53 to 56 of the National Criminal Code. However, based on the Academic Text of the National Criminal Code, it is stated that the term sentencing guidelines is a term that is still open to review, because it contains various meanings, so it is still open to developing the term. This article discusses the projection of the concept of sentencing guidelines in the criminal justice system in Indonesia by establishing an independent state institution that has the authority to create and evaluate a sentencing guideline such as the United States Sentencing Commission (USSC) which applies in the criminal justice system in the United States by using law comparative method. The research results show that the concept of sentencing guidelines in Indonesia and the United States both have a rationale for responding to the phenomenon of sentencing disparities and the two countries have their own methods. There are similarities and differences between the sentencing guidelines in Indonesia and the United States. In the equation there is one variable, namely, the variable of the judge's relationship with the sentencing guidelines. Then, in the differences section there are four variables, namely, orientation variables, institutions or stakeholders, form and scope. Then, regarding the need for the formation of an independent state institution that has the authority to create and evaluate a sentencing guideline, it becomes rational in the criminal justice system in Indonesia because predictability in imposing a range of sentences is a fulfillment of the value of law certainty, so that the more the sentence can be predicted, the greater the law certainty for convicts can be fulfilled. Apart from that, this independent state institution also has the authority to provide recommendations to legislators regarding the rationalization of the range of sentences imposed which so far has not been properly rationalized
Co-Authors Evelina, Renita Hafizah, Hildayastie Lathof, Muhammad Zuhal Qolbu Lyani, Muhammad Rivaldo Rahma, Meida Adita Rahmat Kartolo