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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Moiso, Valentina
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Law, Crime, Criminology & Criminal Justice

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Normative Analysis of Murder Case Decisions in Surabaya: Case Study Number 454/Pid.B/2024/PNNormative Analysis of Murder Case Decisions in Surabaya: Case Study Number 454/Pid.B/2024/PN Agustian, Rio Armanda; Moiso, Valentina
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.7293

Abstract

This study aims to analyze the application of criminal law in murder cases with a focus on the decision of case Number 454/Pid.B/2024/PN in Surabaya. This case involves the application of Articles 338 and 340 of the Criminal Code (KUHP) related to unplanned murder and premeditated murder. This study uses normative legal research methods with a legislative approach and a case approach. The results of the study show that the judge has carefully considered the existing evidence and sentenced in accordance with the applicable legal provisions. Although the defendant claimed self-defense, the judge considered that there was not enough evidence to support the claim. The impact of the verdict on the perpetrator provides a deterrent effect and serves as a warning to the public about the severe legal consequences for the crime of murder. Meanwhile, although the victim's family is satisfied with the court's decision, they still feel a loss that cannot be replaced by any punishment. This study concludes that even though the judicial process has been carried out in accordance with the applicable procedures, there is still room for improvement in terms of the time given to the defense and attention to the psychological condition of the perpetrator
The Meaning of Restorative Justice by Structural Power in The Legal System in Indonesia Suwanto, Steinly; Ibrohim, Maulana Malik; Setyawan, Fendi; Amrullah, M. Arief; Moiso, Valentina
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.7370

Abstract

Legal enforcement systems globally are frequently situated within a dichotomous debate between retributive justice, which views law as an instrument of punishment, and restorative justice, which regards law as a mechanism for restoring social harmony. Both perspectives contribute significant insights; however, contemporary legal discourse increasingly gravitates toward restorative justice as a model considered more congruent with current societal conditions. Despite this trend, numerous scholars contend that restorative justice remains a utopian construct, whose practical implementation is often unrealistic and prone to generating institutional resistance. In Indonesia, this tension is reflected in the Regulation of the Attorney General of the Republic of Indonesia No. 15 of 2020, the Indonesian National Police Regulation No. 8 of 2021, and the Supreme Court Regulation No. 1 of 2014, each articulating restorative justice through the lens of their respective institutional mandates and gravitating towards administrative issues rather than the essence of law enforcement. This research employs a literature-based and regulatory analysis to examine the implementation of restorative justice in Indonesia. The study concludes that the current application of restorative justice in Indonesia remains misaligned with the fundamental principles of restorative justice as theorized in the broader academic discourse.
Co-Authors Fendi Setyawan Ibrohim, Maulana Malik Mohammad Arief Amrullah Rio Armanda Agustian Suwanto, Steinly