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All Journal Jurnal Rechten : Riset Hukum dan Hak Asasi Manusia Al-Bayyinah
Hutabarat, Feby Amalia
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Religion Law, Crime, Criminology & Criminal Justice

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Paradigmatic Study of the Supreme Court's Downgrade Decision in the Case of Premeditated Murder of Nofriansyah Yosua Hutabarat Zakiyah, Ninik; Corputty, Patrick; Hutabarat, Feby Amalia; Amir, Irfan; Sembiring, Adventi Ferawati
Al-Bayyinah Vol. 8 No. 2 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i2.7452

Abstract

This study examines the Supreme Court's decision in the premeditated murder case involving Ferdy Sambo, focusing on the reduction of the sentence from the death penalty to life imprisonment. The research aims to identify non-legal factors influencing the verdict, analyze its implications for Indonesia's criminal law paradigm, and evaluate public responses following the cassation decision. A descriptive-analytical approach was employed, utilizing legal document analysis and the post-positivist paradigm as the theoretical framework. The study interprets judicial considerations within a dynamic legal context, integrating legal norms with reflective interpretations. The findings reveal that the sentencing change reflects a shift in Indonesia's criminal law paradigm from retributive to rehabilitative, as adopted in the new Penal Code. The defendant's remorse was a key factor in the sentencing reduction. However, public response to the cassation decision indicated a decline in public trust and engagement with the judiciary, evidenced by reduced public discourse compared to the case's initial stages. The shift from retributive to rehabilitative justice served as the basis for the cassation decision. This study highlights challenges in strengthening public trust in the judicial system, emphasizing the need for greater transparency and accountability in legal decision-making processes.
The Approach Of Restorative Justice Theory In Resolving The Rohingya Case In Myanmar And The Syrian Conflict Sutrisno, Andri; Hutabarat, Feby Amalia; Jaedin; Abdul Mutalib; Abdullah, Rahmat Hi
Jurnal Rechten : Riset Hukum dan Hak Asasi Manusia Vol 6 No 2 (2024): Hukum dan Hak Asasi Manusia
Publisher : Program Studi Hukum Universitas Nusa Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52005/rechten.v6i2.170

Abstract

This article examines the application of restorative justice theory as an alternative approach to resolving human rights violations in two complex conflicts: the Rohingya crisis in Myanmar and the Syrian civil war. Both cases highlight the limitations of international legal frameworks and retributive justice in addressing large-scale violations, including genocide, forced displacement, and systemic discrimination. Restorative justice, emphasizing victim recovery, offender accountability, and community reconciliation, offers a more inclusive and sustainable solution to these crises. In Myanmar, the Rohingya community has faced decades of systemic persecution, culminating in military operations in 2017 that forced over 700,000 people to flee, primarily to Bangladesh. In Syria, the prolonged civil war since 2011 has caused widespread displacement and destruction, leaving over 8.6 million people internally displaced by 2022. Traditional mechanisms, such as International Court of Justice (ICJ) proceedings and United Nations interventions, have been hindered by political obstacles and enforcement challenges. This study explores the potential of restorative justice in both contexts, focusing on mechanisms such as inclusive dialogues, reparations, and reconciliation. Drawing on theoretical frameworks by Howard Zehr, Johan Galtung, and John Braithwaite, the article proposes practical applications for rebuilding trust and addressing the root causes of the conflicts. The findings suggest that restorative justice can not only address the immediate needs of victims but also foster long-term peace and stability by transforming social relationships and reducing the likelihood of recurrent violence. By shifting the focus from punitive measures to holistic recovery, this approach offers valuable insights into the resolution of modern humanitarian crises..
Co-Authors Abdul Mutalib Amir, Irfan Andri Sutrisno Corputty, Patrick Jaedin Rahmat Hi. Abdullah, Rahmat Hi. Sembiring, Adventi Ferawati Zakiyah, Ninik