Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Jurnal Akta Law Development Journal
Musdalifah, Dyajeng Ayu
Unknown Affiliation
Humanities Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
The Critical Study of Criminal System for Death Row Convicts Who Have Not Been Executed After the Enactment of National Criminal Code Musdalifah, Dyajeng Ayu; Maskur, Muhammad Azil
JURNAL AKTA Vol 12, No 2 (2025): June 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i2.44801

Abstract

This article discusses the fate of death row inmates who have not been executed after the enactment of the National Criminal Code. The writing of this article uses a non-doctrinal legal method with a qualitative approach, this study uses primary and secondary data, and triangulation techniques. The focus of the research includes three problem formulations regarding the death row inmate punishment system after the enactment of the National Criminal Code, policies for death row inmates who have not been executed, and alternative policies that can be applied. The results of the study indicate that the National Criminal Code provides a 10-year probation period and the opportunity for sentence commutation for convicts who demonstrate good behavior. This policy reflects reforms in the Indonesian criminal system with an emphasis on rehabilitation and protection of human rights. The writing of this article is expected to contribute to the development of a more humane criminal law policy.
Juridical Analysis of the Culpa in Causa Principle in Indonesian Criminal Law Reform (Study of Law No. 1 of 2023) Musdalifah, Dyajeng Ayu; Masyhar, Ali
Law Development Journal Vol 7, No 4 (2025): December 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.4.809-816

Abstract

The explicit integration of the culpa in causa principle in Pasal 55 of Law No. 1 of 2023 one the New Indonesian Criminal Code (KUHP Baru) refolutionizes criminal law by limiting the misuse of grounds for exemption from punishment, such as necessity and self-defense, when the offender intentionally creates those conditions. Unlike the old KUHP’s implicit reliance on jurisprudence, this provision strengthens the geen straf zonder schuld principle while balancing judicial pardon authority, through proof of subjective causality via at least two valid pieces of evidence. Courts distinguish it from objective justifications by analyzing initial intent, nullifying subsidiarity without eliminating the defendant’s subjective fault. Impacts include optimized restorative justice, legal certainty, reduced impunity from provocation, and proportional individualized sanctions, fostering an adaptive penal system that protects victims while upholding humanity. This reform aligns continental doctrines with national contexts, enhancing judicial legitimacy.
Co-Authors Ali Masyhar Muhammad Azil Maskur