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All Journal Formosa Journal of Applied Sciences (FJAS) Jurnal Magister Hukum Perspektif
Sujiantoro, Sujiantoro
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Control & Systems Engineering Decision Sciences, Operations Research & Management Education Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Inclusion of Cohabitation Law in Article 412 of Law Number 1 of 2023 in the Perspective of Applicable Norms in Indonesia Refangga, Galih Setyo; Sujiantoro, Sujiantoro
Formosa Journal of Applied Sciences Vol. 3 No. 1 (2024): January, 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjas.v3i1.7674

Abstract

This endeavor will also facilitate the restoration of relationships, particularly those between adult men and women living together within the sanctity of marriage, governed by Article 412. The objective of this research is to examine the legal implications arising from Criminal Code Article 412. The study shows that using Article 412 of the Criminal Code might clash with religious, moral, and legal rules. It may also clash with Law Number 1 of 2023, which says that national law and regional rules may have different interpretations of legal rules. This recognition of coexisting legal systems within the community creates numerous legal ambiguities that may pose challenges for society.
REKONSTRUKSI SISTEM PERADILAN PIDANA INDONESIA TRANSFORMASI DARI EFISIENSI PROSEDURAL MENUJU KEADILAN KEMANUSIAAN Refangga, Galih; Aprilianda, Nurini; Sujiantoro, Sujiantoro; Budi Santoso, Sigit
Jurnal Magister Hukum Perspektif Vol. 17 No. 1 (2026)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v17i1.154

Abstract

Reconstruction of the model of Indonesia's criminal justice system in the contemporary era faced with tensions between the efficiency of law enforcement and the protection of human rights. The birth of the new Criminal Procedure Code shows a tendency to strengthen the crime control model paradigm that is oriented towards effectiveness and efficiency, but has the potential to ignore the principle of due process of law. This study uses a normative-critical approach by examining the dynamics of regulations, judicial practices, and modern legal theories. The results of the study show that the mechanistic-legalistic judicial model has not been able to realize substantive justice because it emphasizes formal procedures too much and ignores the humanitarian dimension. Therefore, reconstruction is needed through an integrative-protection justice model that combines the family model approach, protection principles, and integrative legal theory. This model places the law not only as an instrument of enforcement, but also as a means of social recovery and the protection of human dignity. Thus, a balance between legal certainty and substantive justice can be achieved more comprehensively and sustainably. Keywords: Criminal Justice System, Substantive Justice, Due Process of Law, Crime Control Model, Protection
Co-Authors Budi Santoso, Sigit Galih Setiyo Refangga Nurini Aprilianda Refangga, Galih