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All Journal Pancasila and Law Review Semarang State University Undergraduate Law and Society Review Indonesian Journal of Criminal Law Studies Indonesian Journal of Counter Terrorism and National Security
Didik Purnomo
Faculty of Law, Universitas Negeri Semarang
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Justice Dilemma: Prison for Child Offenders or Recovery for Victims of Sexual Violence in Jepara? Didik Purnomo
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.28425

Abstract

This research explores the dilemma of law enforcement in cases of sexual violence against children in Jepara. The study analyzes two conflicting perspectives: the imposition of prison sentences on child offenders and efforts for the recovery of victims. A normative research method is used through the analysis of regulations, particularly related to the Child Criminal Justice System Law, and the analysis of court decisions from the Jepara district court from 2019 to 2024. The results indicate the complexity in the application of law that considers aspects of juvenile punishment and victim protection. On one hand, there is a demand for justice from victims who want severe punishment for the perpetrators. On the other hand, there are concerns about the negative impact of detention on the perpetrator's child, who may need rehabilitation and guidance more. Research highlights the importance of a holistic and integrated approach in handling cases of sexual violence against children, which considers the interests of victims and restorative justice efforts for child perpetrators. This research provides policy recommendations that favor the recovery of victims and the rehabilitation of child perpetrators, as well as emphasizing the importance of synergy among related institutions in addressing cases of sexual violence against children in Jepara
Community Service Order as the Embodiment of Social Justice Values in the Indonesian Penal System Didik Purnomo; Anis Widyawati; Rasdi Rasdi
Pancasila and Law Review Vol. 6 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v6i2.4908

Abstract

Community Service Order an alternative sentencing aimed at reducing dependence on imprisonment while restoring social balance within the community. This study examines how the Community Service Order can represent the values of social justice as reflected in the fifth principle of Pancasila. The study analyzed the philosophical, juridical, and penological bases of Community Service Order as well as its legal implications within the framework of the 2023 Criminal Code. In this juridical-normative study, philosophical and penological approaches were used based on the analysis of legislation, legal literature, and the thoughts of criminal law experts. The results show that Community Service Order has the potential to balance community protection, victims' interests, and offender rehabilitation. In addition, this punishment reflects the values of distributive and corrective justice in line with the principles of social justice in Pancasila. Therefore, Community Service Order does not only function as an alternative sanction but also as a criminal policy instrument that supports the development of a more humane, restorative, and socially just Indonesian penal system.
Integration of National Security and Rehabilitation in Sentencing for Perpetrators of Terrorist Crimes: Integrasi Keamanan Nasional dan Rehabilitasi dalam Penjatuhan Hukuman bagi Pelaku Tindak Pidana Terorisme Didik Purnomo; Bagus Hendradi Kusuma
Indonesian Journal of Counter Terrorism and National Security Vol. 3 No. 2 (2024): July-Desember, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijctns.v3i2.27611

Abstract

 This research analyzes the integration between national security interests and rehabilitation in the sentencing system for terrorists in Indonesia, focusing on how the legal framework, policies, and law enforcement practices can combine strict monitoring mechanisms in special correctional institutions with deradicalization and social reintegration programs. The research method relies on a document study of Law No. 5 of 2018 on the Eradication of Criminal Acts of Terrorism, the national action plan for counter-terrorism, as well as a comparative analysis of terrorism sentencing models in Malaysia and Singapore based on a literature review and secondary data. The research results indicate that Indonesia's regulations have adopted a balanced approach between security and rehabilitation by establishing special class correctional institutions and religious psychosocial-based deradicalization programs. However, its implementation is hindered by limitations in human resources, funding allocation, and a lack of post-release monitoring mechanisms. The recidivism rate remains significant despite cases of successful rehabilitation for inmates who receive adequate economic and psychosocial support. The research concludes that the effectiveness of counter-terrorism sentencing requires synergy between institutions, a multisectoral approach, and strengthening the capacity of rehabilitation infrastructure. Policy recommendations include revising the Anti-Terrorism Law to clarify mandatory rehabilitation clauses, enhancing the capacity of law enforcement human resources and correctional facility managers' capacity, and developing post-release economic and community-based reintegration programs.
Community Service Order in Indonesia: Between Alternatives and Transformation in the Reconstruction of the Penal System Didik Purnomo; Anis Widyawati; Bhanu Prakash Nunna; Rasdi Rasdi; Muhammad Azil Maskur
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.34493

Abstract

The integration of community service orders into the national criminal justice system indicates a shift away from a punitive approach dominated by incarceration toward the use of non-custodial sanctions more oriented toward rehabilitation and social reintegration. Nevertheless, studies systematically linking normative constructions, institutional readiness, and the community's role in their implementation remain relatively limited. This study aims to analyze the normative construction and institutional readiness for the application of community service as a substitute for short-term imprisonment, and to assess its consistency with criminal justice reform in Indonesia. This study uses a normative juridical method with a legislative and comparative approach, through an analysis of national legal regulations and practices in several countries that have institutionalized community service orders. The results of the study show that although the normative framework is relatively comprehensive, its implementation effectiveness is greatly influenced by the consistency of judges' decisions, the readiness of the supervision and guidance system, and the level of collaboration between law enforcement officers and the community. The main challenge lies in the limitations of probation infrastructure and the tendency of a still prison-oriented penal culture. This study offers an innovation in the form of an integrative framework that links normative design, institutional capacity, and social participation as prerequisites for effective implementation. Thus, community service orders can be understood not only as an alternative to imprisonment but also as a policy instrument that can support the development of a penal system that is more proportional, rehabilitative, and oriented towards social reintegration.
Co-Authors Anis Widyawati Bagus Hendradi Kusuma Bhanu Prakash Nunna Muhammad Azil Maskur Rasdi -