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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Journal of Law, Poliitic and Humanities
Tri Syafari
Universitas Khairun
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Restorative Justice and State Responsibility for the Return of Rights of Victims Due to Fraud in Indonesia Amriyanto Amriyanto; Tri Syafari
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.5398

Abstract

The rise of fraudulent practices that end up in criminal acts and cause material losses to victims, for example the First Travel and Abu Tours cases in Indonesia, which have captured massive public attention, has shifted the orientation of punishment in criminal law, especially in property crimes from Lex Talionis towards Restitutio ad Integrum which emphasises restoration to the original state. This paper will analyse how the responsibility of the state and how the restorative justice approach in addressing the problem of fraud in Indonesia. The research method uses a normative legal research model with secondary data as analytical material. The results show that restitution and compensation instruments are an option in restoring victims of property crime. Restitution is the responsibility of the perpetrator to restore the victim, while compensation is the responsibility of the state as part of the state's role in realising the welfare of the people. Restorative justice as a means of resolving property crimes, especially fraud, offers an alternative that is oriented towards effective legal remedies to provide adequate legal protection for victims, although in practice there are still some fundamental changes.
Conjugal Visit Policy in the Perspective of Indonesian Criminal Law: Between the Fulfillment of Human Rights and the Limits of Islamic Morality Tri Syafari; Basto Daeng Robo; Fathurrahim; Sophian Yahya Selajar; Nurhayati Chalil
Journal of Law, Politic and Humanities Vol. 6 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i2.2679

Abstract

This study explores the legal and moral dimensions of conjugal visits within Indonesia’s criminal justice system by examining their position under national law and the potential influence of Islamic morality on correctional policy. It highlights the existing gap between constitutional guarantees of human rights—specifically the right to family life and the satisfaction of biological needs—and the absence of explicit legal provisions allowing conjugal visits for prisoners. Employing a normative legal methodology, this research utilizes legislative, conceptual, comparative, and philosophical approaches, drawing upon sources such as the 1945 Constitution, Correctional Law, Criminal Code, international human rights instruments, and Islamic jurisprudence. The findings indicate that conjugal visits may be recognized as a conditional right aligned with humanitarian principles and rehabilitation objectives, provided that implementation follows strict ethical and procedural safeguards consistent with Islamic teachings that confine sexual relations to lawful marriage. Thus, the regulation of conjugal visits remains possible if framed as a limited privilege integrating human rights with Islamic moral principles. The study’s novelty lies in proposing a reconciliatory policy model that merges socio-psychological, juridical, and human rights perspectives, offering a framework for humane, religiously compliant, and socially appropriate correctional reform in Indonesia.
Co-Authors Amriyanto Basto Daeng Robo Fathurrahim, Fathurrahim Nurhayati Chalil Sophian Yahya Selajar