Rohadi, Ahmad Nur
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The Legal Politics of Restorative Justice in Indonesia Rohadi, Ahmad Nur; Prasetyoningsih, Nanik
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4349

Abstract

Restorative Justice needs to be implemented immediately in Indonesia. Law Number 1 of 2023, which is expected to be an oasis, does not regulate this matter optimally. This article will discuss the ideal form of regulation for implementing restorative Justice in Indonesia. Implementing restorative Justice will include more than procedural or formal law. More than that, restorative Justice must cover all aspects of criminal law enforcement. It starts from material criminal law, procedural law, litigation dispute resolution, and non-litigation case resolution. This article will use normative juridical research methods and conceptual and statutory approaches. One of the important findings in this article is the absolute need for a paradigm shift in the enforcement and regulation of criminal law. From the initial nuance of retribution to a more nuanced recovery approach (restorative). Then therapeutic justice regulation must also be included in material criminal law regulation. So, it can be used as a guide for law enforcement officials in finding substantive Justice.
The Relevance Of Election Organizing Institutions In Resolving Presidential Election Disputes Rohadi, Ahmad Nur; Prasetyoningsih, Nanik
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4624

Abstract

The General Election Commission (KPU) is an election organizing institution that is national, permanent, and independent in organizing elections. Holding direct presidential elections is a democratic instrument to create a more democratic government and a step toward realizing people's sovereignty. In this research activity, the type of research used is normative juridical research (legal research), which prioritizes library research. However, along the way, various accompanying problems arose. Ultimately, these things must be considered challenges and part of the maturation process to create a more mature state government. As explained above, the various disputes in the final stages of voting for the elected candidate pairs in the Presidential Election show that we still have a lot of democratic agenda that needs to be resolved regarding regulations, institutions, and law enforcement. Thus, the disputes that occur should become part of the election maturation process as the period changes.