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All Journal Integritas: Jurnal Antikorupsi Al-Jinayah: Jurnal Hukum Pidana Islam
Ramadhan, Muhammad Galuh Pamungkas Wahyu
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Law, Crime, Criminology & Criminal Justice

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The Reason of The Legal Term New on Revision (Review) as an Extraordinary Legal Remedy in The Criminal Legal System in Indonesia: Ratio Legis Istilah Novum pada Herziening (Peninjauan Kembali) sebagai Upaya Hukum Luar Biasa dalam Sistem Hukum Pidana di Indonesia Ali Murtadho, Nazhif; Ramadhan, Muhammad Galuh Pamungkas Wahyu; Adam, Rama H.
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 10 No. 2 (2024): December 2024
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2024.10.2.180-197

Abstract

Novum is one of the requirements for submitting a Judicial Review in accordance with Article 263 paragraph (2) letter a of the Criminal Procedure Code. However, in the practice of criminal law enforcement, there are various interpretations by legal officers, such as police, prosecutors, lawyers and judges. These differences in interpretation trigger legal uncertainty and result in irregularities in the criminal justice system. The research method used is a normative juridical research method. Furthermore, this research aims to provide an overview of the Ratio Legis from Novum in Judicial Review as an Extraordinary Legal Measure, with the aim of providing understanding, input and contribution of thought about what is meant by Novum. In general, the novum must have a very strong role or influence, or be decisive in being able to issue a decision of acquittal, free from all legal demands, the public prosecutor's demands cannot be accepted, or lighter criminal provisions are applied. In fact, the meaning of novum is broader than just 'new evidence' because it can be 'new valid evidence', 'new evidence', as well as 3 (three) reasons for requesting a PK as regulated in Article 263 paragraph (2) of the Criminal Procedure Code can also be called a novum.
Harmonisation of criminal policy on corruption offences in the criminal justice system in Indonesia Murtadho, Nazhif Ali; Ramadhan, Muhammad Galuh Pamungkas Wahyu
Integritas: Jurnal Antikorupsi Vol 11 No 2 (2025): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v11i2.1588

Abstract

Corruption in Indonesia remains entrenched due to fragmented criminal policies that separate formal criminal sanctions from informal social controls, thereby weakening comprehensive anti-corruption efforts. This paper examines the need to harmonise Criminal Policy, rooted in UNCAC ratification and legislative reform, with Non-Penal Policy, which relies on public awareness, informal sanctions, and cultural norms. Using doctrinal legal research with statutory and comparative approaches, the study analyses national legislation, UNCAC provisions, and best practices in criminalising bribery in the private sector. The findings indicate that although UNCAC ratification through Law No. 7/2006 modernised formal sanctions and introduced non-mandatory offences, gaps persist in the regulation of corporate bribery and a lack of systematic non-criminal measures, producing policy dissonance. The study demonstrates that integrating ISO 37001 standards, non-penal asset forfeiture, public integrity education, and community engagement can bridge these gaps. The researcher concludes that an integrated criminal policy incorporating clear criminal definitions, preventive education, and robust social sanctions is essential for sustainable corruption control. Accordingly, the paper recommends legislative amendments to fully criminalise private-sector bribery, institutionalise non-penal strategies, and establish coordinated oversight mechanisms to promote a cohesive, adaptive, and equitable anti-corruption framework.  
Co-Authors Adam, Rama H. Ali Murtadho, Nazhif Murtadho, Nazhif Ali