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All Journal JURNAL PEMBANGUNAN HUKUM INDONESIA Lex Scientia Law Review
Pujiyono Pujiyono
Faculty of Law, Universitas Diponegoro
Law, Crime, Criminology & Criminal Justice

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The Dynamics of the System of Punitive Measures in the Reform of Indonesian Criminal Law The Transformation of the System of Punitive Measures in Indonesia’s New Criminal Code Dyah Kusumaningtyas Setiyowati; Pujiyono Pujiyono; Irma Cahyaningtyas; Putu George Matthew Simbolon
Jurnal Pembangunan Hukum Indonesia Vol 8, No 1 (2026)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v8i1.95-118

Abstract

This research is motivated by the status of measures under Article 103(1) of the 2023 Criminal Code, which treats measures as provisions that may only be imposed alongside principal criminal sanctions, thereby contradicting the principle of equivalence between criminal sanctions and measures. The objective of this study is to propose how the provisions regarding administrative sanctions in Law No. 1 of 2023 on the Criminal Code (KUHP 2023) should be strengthened to align with the doctrine of the double-track system. The methodology employed is a normative legal approach, utilising both historical and conceptual perspectives. The research findings indicate that the 2023 Criminal Code has not yet fully implemented the double track system, as the wording of Article 103(1) places measures in a subordinate position to criminal sanctions, thereby hindering the realisation of rehabilitative justice within the Indonesian criminal justice system. Furthermore, Indonesia has yet to issue government regulations providing further guidance on the implementation of measures as mandated by the 2023 Criminal Code. The conclusion that can be drawn is that the wording of Article 103(1) of the 2023 Criminal Code must be revised by removing the phrase that positions measures merely as a supplement to the principal criminal sanction, and Indonesia needs to immediately enact government regulations to ensure the independent application of measures within the national penal system.
Reforming Justice: Unpacking the Pre-Judication and Post-Judicate Dynamics of the Sarpin Case in Law and Practice in Indonesia Benny Sumardiana; Pujiyono Pujiyono; Irma Cahyaningtyas
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.10744

Abstract

This paper critically examines the Sarpin case within the context of Indonesia's criminal justice system, focusing on the legal reformation of pretrial procedures and their impact on the protection of suspects' human rights. Indonesia's criminal justice system adheres to the principle of presumption of innocence, which underscores the importance of safeguarding individual rights throughout the legal process. The introduction of the pretrial institution under the Criminal Procedure Code (KUHAP) has introduced significant shifts in judicial practices, particularly in evaluating coercive measures such as arrest, detention, and the termination of investigations. This research addresses three key questions: first, how pretrial procedures are regulated from the perspective of criminal law; second, how the reform of pretrial practices has been influenced by Judge Sarpin's landmark decision; and third, the broader implications of his ruling on the protection of human rights within the Indonesian criminal process. The paper utilizes a normative research method, analyzing relevant statutes and legal concepts through a statutory approach. In the Sarpin case, Judge Sarpin ruled that the investigation warrant used to initiate proceedings against Budi Gunawan was invalid, highlighting a critical legal interpretation of pretrial powers. This ruling not only questioned the procedural foundation of the case but also demonstrated the significant role of pretrial in defending the rights of suspects. Article 77 of KUHAP grants district courts the authority to examine the legality of coercive actions, providing a vital safeguard against potential abuses. The paper evaluates how Judge Sarpin's decision has reshaped legal practices in Indonesia, emphasizing its potential to reform both judicial attitudes and the protection of fundamental rights.
Position for the Formulation of the Principle of Ultimum Remedium in the Criminal Law Codes in Various Countries Ade Adhari; Pujiyono Pujiyono; Shidarta Shidarta; Anis Widyawati; Leony Sondang Suryani
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.14061

Abstract

This article provides a comprehensive analysis of a fundamental and universal principle in criminal law: the principle of ultimum remedium. This principle advocates for the use of criminal sanctions as a last resort, to be employed only when all other avenues have been exhausted. The primary focus of this study is to examine how the principle of ultimum remedium is articulated within the criminal codes of various countries. The countries selected for this analysis—Germany, Slovenia, Croatia, the Czech Republic, Kosovo, Montenegro, and Kyrgyzstan—were chosen randomly. By scrutinizing these formulations, the study aims to delineate an ideal framework for the application of the ultimum remedium principle. This research utilizes a doctrinal methodology, and through this lens, the article finds that legislators in numerous countries frequently integrate the principle of ultimum remedium implicitly within provisions that address basic principles and limitations of the use of criminal law, basic principles and limitations of criminal law enforcement, basic principles and limitations of criminal sanctions, and basics of criminal accountability. Nonetheless, some countries have explicitly codified the principle of ultimum remedium within provisions titled "The Principle of Subsidiarity of Criminal Repression." These articulated principles serve as crucial guidelines for legislators and law enforcement authorities.
Ideological Struggle in The Principle of Material Legality of the New Indonesian Criminal Code and its Future Muhammad Azil Maskur; Pujiyono Pujiyono; Irma Cahyaningtyas; Wildan Azkal Fikri; Firsta Rahadatul ‘Aisy
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.19743

Abstract

This article emerged from the authors’ hypothesis that the principle of legality in the new Indonesian criminal code is complex to apply due to its reliance on four foundational principles: Pancasila, UUD NRI 45, human rights, and the general principles of law. To prove this hypothesis, the authors use the theory of ideology to analyze the battle of values, ideas, and motives in the four. Based on the authors’ reading, the new Indonesian criminal code has expanded the principle of legality into two, namely, the principle of formal and material legality. In the next instance, the authors identified an ideological struggle in the principle of material legality of the new Indonesian criminal code, which encompasses the clash of personal, political, and legal policy ideologies. Therefore, the principle of material legality is challenging to implement because competing ideologies often counteract one another. Finally, the authors recommend that the principle of legality be enforced by allowing power-sharing in legal jurisdiction between the Indonesian government and Indigenous law people.
A Juridical Study of the Death Penalty for Premeditated Murder in the Perspective of Indonesian Criminal Law Reform Evelin Nur Agusta; Pujiyono Pujiyono; Nabitatus Sa'adah; Aista Wisnu Putra
Jurnal Pembangunan Hukum Indonesia Vol 7, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i1.98-117

Abstract

One of the most serious crimes is premeditated murder because it is carried out with deliberate planning and conscious thought of the loss of the victim's life. The definition and specifications of the planning aspect in premeditated murder are not regulated in the Criminal Code. The deterrent effect of the death penalty in premeditated murder must be considered by the judge very carefully, because the death penalty is irreversible . In addition, in terms of the implementation of the death penalty which still reaps protests from human rights activists. This paper aims to re-describe the relevance and urgency of the death penalty in terms of punishment for perpetrators of premeditated murder. The type of research used in this writing is a type of doctrinal research, using an analytical approach method to the norms behind the text of the legislation, both legally and philosophically. This study produces an analysis of the element of planning in the Criminal Code and the conclusion is that there are no clear details about the element of "planning" in Article 34 of the old Criminal Code or Article 459 of the new Criminal Code.
Co-Authors Ade Adhari Aista Wisnu Putra Anis Widyawati Benny Sumardiana Dyah Kusumaningtyas Setiyowati Evelin Nur Agusta Firsta Rahadatul ‘Aisy Irma Cahyaningtyas Leony Sondang Suryani Muhammad Azil Maskur Nabitatus Sa’adah Putu George Matthew Simbolon Shidarta Shidarta Wildan Azkal Fikri