Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
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This Author published in this journals
All Journal Journal of Law and Legal Reform Indonesian Journal of Criminal Law Studies
Muhamad Sayuti Hassan
Faculty of Law, Universiti Kebangsaan Malaysia
Law, Crime, Criminology & Criminal Justice

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Restorative Justice-Based Criminal Case Resolution: A Study at Restorative Justice Houses in Yogyakarta Cahya Wulandari; Lutvi Tri Cahyanto; Winarsih; Derita Prapti Rahayu; Muhamad Sayuti Hassan
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 10 No. 1 (2025): Indonesia J. Crim. L. Studies (May, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i1.24071

Abstract

The retributive paradigm in criminal case resolution focuses on punishing the offender, often neglecting the victim's interests. This is evident in victims' limited role in court, where they primarily serve as witnesses and lack the authority to take meaningful action. Furthermore, the Indonesian legal system continues to prioritize imprisonment, resulting in incarceration for nearly all offenses, ranging from minor to severe, which contributes significantly to prison overcrowding. This study examined and analyzed the role of Restorative Justice Houses in Yogyakarta City in resolving criminal cases through a restorative justice approach. Such an approach is crucial, as it promotes social harmony and helps prevent larger societal conflicts. Therefore, it is essential to advocate for the broader implementation of restorative justice as a conflict resolution.
Legal Reform for Victims in Criminal Justice System of Indonesia and Russian Juridical Review Cahya Wulandari; Ali Masyhar; Muhamad Sayuti Hassan
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.7322

Abstract

The realization of justice in a criminal process cannot be separated from the position of the victim in the criminal justice system. Victims as parties directly dealing with criminal acts certainly expect their rights and interests to be properly accommodated. This article is written based on a method of normative juridical research with a comparative approach in victim protection regulation in Russia and Indonesia. In the process of resolving criminal cases through the criminal justice system in Indonesia, the victim's interests are represented by the Public Prosecutor so that they do not have access to have their wishes heard further. Even though in Law Number 1 of 2023 concerning the Criminal Code, sentencing guidelines and purposes of sentencing have been regulated, which in this case requires the role of the victim and/or their family, and further regulation is needed in practice. This is of course very different from the position of the victim in the Criminal Procedural Code in Russia, which places the victim actively in the process of the criminal justice system. The presence of the prosecutor in court does not diminish the victim's right to fight for their rights, including by conducting private prosecution of the perpetrator in the form of material or immaterial compensation. To be able to realize the values contained in Pancasila which are not only as Grundnorm but also as Grundwerten, it is necessary to place this victim in the process of resolving criminal cases at every level in the criminal justice system
Co-Authors Ali Masyhar Cahya Wulandari Derita Prapti Rahayu Lutvi Tri Cahyanto Winarsih