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Putri Amaris, Putu Kanitha
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Humanities Economics, Econometrics & Finance Environmental Science Social Sciences

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Una Via Principle: Legal Certainty and Justice in The Resolution of Capital Market Criminal Cases Putri Amaris, Putu Kanitha; Yudistira Darmadi, A.A. Ngurah Oka
West Science Interdisciplinary Studies Vol. 3 No. 06 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i06.1969

Abstract

The focusing aims of this research are to scrutinize and assess the characteristics of capital market crimes that are specifically regulated separately from general crimes in the Criminal Code and the setting of the una via principle in the settlement of capital market crimes in purpose to maintain legal certainty and justice. The problems that underlies include: (1) how is the arrangement of una via principle in Indonesian capital market legal system and (2) how should the application of una via principle in capital market criminal case settlement in Indonesia. With a normative juridical method, this research analyzes norms, principles and legislation related to the una via principle in capital market regulations in Indonesia, namely Law Number 8 of 1995 concerning Capital Markets and Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector. The conclusion drawn from this study indicate the existence of una via principle comes with the concept of selecting sanctions for perpetrators of capital market crimes aimed at providing justice and legal certainty. However, the regulation of the una via principle still needs to be improved because the current legal rules have vagueness which causes unclear procedures for resolving capital market criminal cases. Efforts are needed to improve regulations, increase coordination and collaboration between law enforcement officials, establish a transparent mechanism for imposing sanctions and conduct a transparent and fair trial.
Una Via Principle: Legal Certainty and Justice in The Resolution of Capital Market Criminal Cases Putri Amaris, Putu Kanitha; Yudistira Darmadi, A.A. Ngurah Oka
West Science Interdisciplinary Studies Vol. 3 No. 06 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i06.1969

Abstract

The focusing aims of this research are to scrutinize and assess the characteristics of capital market crimes that are specifically regulated separately from general crimes in the Criminal Code and the setting of the una via principle in the settlement of capital market crimes in purpose to maintain legal certainty and justice. The problems that underlies include: (1) how is the arrangement of una via principle in Indonesian capital market legal system and (2) how should the application of una via principle in capital market criminal case settlement in Indonesia. With a normative juridical method, this research analyzes norms, principles and legislation related to the una via principle in capital market regulations in Indonesia, namely Law Number 8 of 1995 concerning Capital Markets and Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector. The conclusion drawn from this study indicate the existence of una via principle comes with the concept of selecting sanctions for perpetrators of capital market crimes aimed at providing justice and legal certainty. However, the regulation of the una via principle still needs to be improved because the current legal rules have vagueness which causes unclear procedures for resolving capital market criminal cases. Efforts are needed to improve regulations, increase coordination and collaboration between law enforcement officials, establish a transparent mechanism for imposing sanctions and conduct a transparent and fair trial.
Harmonizaton of Judicial Pardon in The 2023 Criminal Code and Criminal Procedure Code: Normative Criticism of the Design of Indonesia’s Modern Penal System Putri Amaris, Putu Kanitha; Sari Haryanto, Diah Ratna
West Science Interdisciplinary Studies Vol. 3 No. 10 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i10.2319

Abstract

This study aims to examine the regulatory vacuum of the mechanism for the implementation of judicial pardon which has been materially recognized in Article 54 paragraph (2) of the Criminal Code (KUHP) in 2023. Judicial pardon is a form of modern punishment innovation purpose that represents a paradigm shift from a retributive approach towards substantive justice, by providing space for judges not to impose punishment on perpetrators who are proven guilty in certain circumstances. This research uses normative juridical method with statutory approach and contemporary criminal law concept. There are two main problem formulations analyzed, namely: (1) what is the position and scope of judicial pardon in the national punishment system; and (2) whether the current Indonesian criminal law system has provided an adequate normative basis for its legitimate and accountable implementation. The results showed that normatively, judicial pardon reflects the spirit of renewal of Indonesian criminal law towards a more humanistic system. However, the lack of formal mechanisms in KUHAP and technical implementation guidelines from judicial institutions has caused this norm to be in a non-self-executing position. Thus, regulative harmonization and institutional policies are needed so that the applicability of judicial pardon is not symbolic, but operational in judicial practice.
Harmonizaton of Judicial Pardon in The 2023 Criminal Code and Criminal Procedure Code: Normative Criticism of the Design of Indonesia’s Modern Penal System Putri Amaris, Putu Kanitha; Sari Haryanto, Diah Ratna
West Science Interdisciplinary Studies Vol. 3 No. 10 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i10.2319

Abstract

This study aims to examine the regulatory vacuum of the mechanism for the implementation of judicial pardon which has been materially recognized in Article 54 paragraph (2) of the Criminal Code (KUHP) in 2023. Judicial pardon is a form of modern punishment innovation purpose that represents a paradigm shift from a retributive approach towards substantive justice, by providing space for judges not to impose punishment on perpetrators who are proven guilty in certain circumstances. This research uses normative juridical method with statutory approach and contemporary criminal law concept. There are two main problem formulations analyzed, namely: (1) what is the position and scope of judicial pardon in the national punishment system; and (2) whether the current Indonesian criminal law system has provided an adequate normative basis for its legitimate and accountable implementation. The results showed that normatively, judicial pardon reflects the spirit of renewal of Indonesian criminal law towards a more humanistic system. However, the lack of formal mechanisms in KUHAP and technical implementation guidelines from judicial institutions has caused this norm to be in a non-self-executing position. Thus, regulative harmonization and institutional policies are needed so that the applicability of judicial pardon is not symbolic, but operational in judicial practice.
Co-Authors Anak Agung Ngurah Oka Yudistira Darmadi Sari Haryanto, Diah Ratna