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All Journal PAMALI: Pattimura Magister Law Review PATTIMURA Legal Journal
Aida, Lutfi Nur
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Law, Crime, Criminology & Criminal Justice

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Criminal Law Politics and Punishment Theories: A Comparative Study of Retributive vs. Restorative Justice in Indonesia and Georgia Suwandi, Nur Ainy Amira Puspitaning; Aida, Lutfi Nur; Suarda, I Gede Widhiana; Ohoiwutun, Y A Triana; Kapanadze, Maia
PATTIMURA Legal Journal Vol 4 No 3 (2025): December 2025 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v4i3.21767

Abstract

Introduction: The debate between retributive and restorative justice remains a central issue in the politics of criminal law across jurisdictions. Indonesia and Georgia represent two countries undergoing legal transitions with distinct historical and socio-political contexts, yet both face similar challenges in determining the orientation of their penal policies. Purposes of the Research: This study aims to analyze the differences in the application of retributive and restorative penal theories within the criminal law policies of Indonesia and Georgia, as well as to identify the factors influencing these orientations. Methods of the Research: The research adopts a normative legal method with a comparative approach, examining statutory provisions, legal doctrines, and relevant judicial decisions. Results Main Findings of the Research: The findings reveal that Indonesia continues to rely on its colonial legacy through the Criminal Code, which predominantly reflects a retributive paradigm, while gradually incorporating restorative principles in specific legislation such as the Juvenile Criminal Justice System Law. Conversely, Georgia, which previously enforced an extreme zero tolerance policy rooted in a retributive approach, has shifted toward restorative justice within its juvenile justice system through the enactment of the Juvenile Justice Code of 2015. The novelty of this research lies in its comparative analysis, which uncovers how historical, cultural, political, socio-economic, and legal factors shape each country’s penal orientation. These findings contribute to the development of comparative criminal law scholarship and provide valuable insights for promoting more balanced penal policies that integrate both retributive and restorative justice.
Transparency Disparities in the Social Health Insurance System: The Rights of Social Security Agency Patients to Cost Details in the Indonesian Case-Based Groups System Aida, Lutfi Nur; Suwandi, Nur Ainy Amira Puspitaning; Rato, Dominikus; Ohoiwatun, Y A Triana
PAMALI: Pattimura Magister Law Review Vol 5, No 3 (2025): NOVEMBER (in progress)
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.3460

Abstract

Introduction: There is an information disparity between Social Security Administration Agency patients and independent patient, where Social Security Administration Agency patients do not gget detail of service fees because the INA-CBG (Indonesia Case Based Groups) payment system is based on the diagnosis group, white independent patients get a complete cost receipt.Purposes of the Research: The Purpose of this study is to analyze the inequality of information transparency in the National Health Insurance system, especially related to the rights of Social Security Administration Agency patients to the details of service fees in the INA-CBG payment system. BPJS patients do not get details of costs like independent patients even though the use the same health facilities and evaluate the impact of the absence of such information on patients’ rights to transparency and accountability of health services.Methods of the Research: The research method used is normative juridical, namely legal research concucted by examiningliterature materials consisting of primary legal materials, secondary legal materials and tertiary legal material. This research uses a statute approach and an analyrical approach.Results Main Findings of the Research: The absence of detailed costs for Social Security Administration Agency patients has the pontential to violate the right to public information and consumer protection, which ultimately weekens the position of patients in objecting to the healt services received. This alsi reduces transparency and accountability in the implementation of the National Health Insurance, thereby hindering efforts to evaluate and improve the health service system for the community.
Co-Authors Dominikus Rato I Gede Widhiana Suarda Kapanadze, Maia Ohoiwatun, Y A Triana Ohoiwutun, Y A Triana Suwandi, Nur Ainy Amira Puspitaning