Jain, Vaibhav
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Redesigning the Provision of Aggravation in Property Crime during the Pandemic Oktobrian, Dwiki; Basworo, Handityo; Amalia, Syarafina; Basuki, Fernando; Lumempow, Euodia; Jain, Vaibhav
Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n2.p206-227

Abstract

One of the things that has been potentially overlooked in the development of criminal law during the Covid-19 pandemic is how the Prosecutor's Office and the Courts view the seriousness of property crimes. Every state has set up a social safety net to ensure that individuals are able to live without hunger despite the economic slowdown, and this initiative also comes along with a more intense social concern from the social environment. This article seeks to uncover the patterns of prosecution and imprisonment by judges for property crimes during the pandemic, which are inappropriate as everyone experiences family loss and economic hardship. The primary data in this article uses interviews with prosecutors and judges, then validates it in data on the length of prison charges and prison sentences recorded in the Case Tracking Information System (SIPP) in the Semarang District Court, Banyumas District Court, and Purwokerto District Court. The results of this research reveal two important things. First, prosecutors and judges in Indonesia during the Covid-19 pandemic did not aggravate prison charges and prison sanctions, even the Penitentiary tended to accelerate the assimilation process or shorten the duration of imprisonment. Second, property crimes committed during the pandemic are relevant to aggravate the threats and penalties, because they make life difficult for people who are financially and psychologically weak. Indonesia should consider revising the sentencing guidelines in the National Criminal Code before it becomes effective in 2026.
Electoral Law Reform from the Perspective of Responsive Justice: A Comparison of Indonesia, India, and Australia Sudarmanto, Kukuh; Arifin, Zaenal; Kusudarmanto, Ayu Melati Ratuningnagari Anisa; Jain, Vaibhav
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.513

Abstract

The current research aims to depict how the principle of responsive justice is incorporated in the process of electoral law modification in Indonesia, India, and Australia, as well as to explain the reasons for their differences and the problems of achieving responsive justice in these countries. These objectives are attained through a normative legal approach which includes, but is not limited to, comparative studies, descriptive and explanatory analysis, as well as library research on the electoral legal frameworks of these three nations to determine their compliance with the principle of responsive justice. The results show that the socio-political and economic environment of each country shapes the responsive justice principles to electoral law reforms in the three nations. An open proportional system, coupled with the guarantee of women’s representation is formulated in Indonesia, but suffers from money politics and party system fragmentation. Though the fact governance infrastructure and configurations of elections e.g. government style and usage of Electronic Voting Machines (EVM) technology brings a lot of complexity, India does use the first-past-the-post (FPTP) system, which is less proportional. The EVM technology and FPTP system allow for reserved seats for the marginalized groups as well. Australia stands out with preferential voting, mandatory voting, and accessibility for marginalized groups, although campaign finance transparency remains an issue. Challenges include the influence of political elites, weak legal oversight, and disproportionate representation, while opportunities lie in the use of technology, improved political education, and more transparent and accountable inclusive policies This research is significant because it addresses both theoretical and practical needs in electoral law reform, provides valuable comparative insights, and offers an approach oriented toward substantive justice. These three countries offer valuable lessons in developing electoral systems responsive to societal needs and the challenges of modern democracy.
Electoral Law Reform in the Perspective of Responsive Justice: Comparative Law Between Indonesia, India, and Thailand Sudarmanto, Kukuh; Pranoto, Edi; Jain, Vaibhav
SASI Volume 31 Issue 2, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i2.2977

Abstract

Introduction: Elections are a vital democratic mechanism in channeling people's voices, electing leaders, and determining policies, with the principles of transparency, fairness, and effective oversight. Although there are still challenges in citizen participation, elections play a crucial role in peaceful transitions of power and socio-political stability.Purposes of the Research: This study aims to analyze efforts to reform electoral law from a responsive justice perspective by comparing laws between Indonesia, India, and Thailand.Methods of the Research: This research is a normative legal research with a conceptual, legislative, and comparative approach.Results of the Research: Election law reform, which includes the implementation of the principles of direct, free, and fair, is needed to create a more democratic system that is responsive to social needs. In Indonesia, India, and Thailand, election law reform focuses on improving the quality of democracy, justice, and voter participation through system changes and revisions to laws. The role of the Constitutional Court and the Supreme Court in each country is very important in ensuring more transparent and fair elections, and reflecting the will of the people.