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All Journal Literatus Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon
Hasudungan Hutagalung, Henokh
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Restitusi bagi Korban Akibat Tindak Pidana Penganiayaan Berat dalam Perspektif Keadilan Hasudungan Hutagalung, Henokh; Sudarto, Sudarto
LITERATUS Vol 7 No 1 (2025): International Socio-Cultural Scientific Journal
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v7i1.1981

Abstract

The granting of restitution to victims is in accordance with the principle of restoration to the original state (restutio in integrum), namely an effort that victims of crime must be returned to their original condition before the crime occurred, even though it is based on the fact that it is impossible for the victim to return to their original condition, but at least close to their original condition. The problem is how is the legal regulation of restitution for victims of serious assault crimes? And have the judge's considerations in the South Jakarta District Court Decision Number 297/PID.B/2023/PN JKT.SEL and the DKI Jakarta High Court Decision Number 245/PID/2023/PT DKI provided justice? This research method is normative juridical. The results of the study are (1) The legal regulation of restitution for victims of serious assault crimes is regulated in Supreme Court Regulation Number 1 of 2022 concerning Procedures for Settlement of Applications and Granting of Restitution and Compensation to Victims of Crime. According to researchers, the calculation of Perma Number 1 of 2022 does not correspond to the serious injuries experienced by Child Victim CRYSTALINO DAVID OZORA because it is considered inconsistent with the values of victim justice. (2) The Decision of the DKI Jakarta High Court Number 245/PID/2023/PT DKI has not provided justice for the case of Child Victim Crystalino David Ozora. The Panel of Judges at the South Jakarta District Court only granted the restitution payment imposed on the defendant Mario Dandy of IDR 25 billion. This looks very different from what is contained in the demands of the Public Prosecutor in his prosecution which demanded a sentence for the defendant Mario Dandy of 12 years in prison and restitution to be paid in the amount of IDR 120 billion.
CHALLENGES AND SOLUTIONS FOR DEMOCRATIC STABILITY IN INDONESIA AFTER THE CANCELLATION OF ELECTION REGULATIONS Hasudungan Hutagalung, Henokh; Sugianto; Sanusi, Anwar
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9532

Abstract

This paper explores the impact of the cancellation of electoral regulations, specifically PKPU No. 9 of 2020, on the stability of democracy in Indonesia. The decision by the Indonesian Supreme Court (Mahkamah Agung RI) to annul this regulation has created significant legal uncertainty, potentially disrupting the simultaneous regional elections (Pilkada). This study aims to analyze the challenges faced by the government and the General Election Commission (KPU) in responding to this decision, and to evaluate solutions that can be implemented to maintain democratic stability. Utilizing a qualitative analysis method, the paper identifies key issues such as regulatory changes, the potential delay of Pilkada, and increased administrative burdens. The findings highlight the importance of legal certainty and effective coordination among the government, election authorities, and the public to address these challenges. The study also proposes several solutions to enhance the electoral process and uphold democratic integrity in the future.
Co-Authors sanusi, Anwar Sudarto Sudarto Sugianto