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All Journal JURNAL HUKUM KHAIRUN LAW JOURNAL
Khomaini Khomaini
Fakultas Hukum Universitas Pembinaan Masyarakat Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Urgency of Restorative Justice in Renewing Criminal Law Henny Saida Flora; Maidin Gultom; Parulian Samosir; Khomaini Khomaini; Bobur Sobirov
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.38943

Abstract

This change in the concept of punishment is partly due to the consequences of imprisonment having greater negative effects and not proving its success in reducing crime rates. The purpose of this writing is to analyze the retributive justice paradigm in current criminal law enforcement, and to analyze the urgency of restorative justice in criminal law reform in Indonesia. The research uses a normative juridical approach and the specifications of this research use descriptive analysis methods. The results of this research are that the punishment system through imprisonment makes a prisoner isolated from society and family, so that psychologically the prisoner can experience stress and decline in mental health. The concept of restorative justice offers a recovery process that involves the perpetrator and victim or the victim's family directly in solving the problem. The application of restorative justice returns the conflict to the parties in order to emphasize human rights and the need to restore the impact of social injustice in a simple way, still providing the perpetrators with justice rather than formal (legal) justice where victims do not get justice. Restorative justice also seeks to restore security, personal respect and dignity to the victim.
ANALISIS PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA KEKERASAN SEKSUAL (STUDI KASUS PUTUSAN NOMOR 47/PID.SUS/2023/PN.GST) Dedi Parna Putra Waruwu; Khomaini Khomaini; Dewi Robiyanti
Khairun Law Journal Volume 9 Issue 2, March 2026
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v9i2.11475

Abstract

Sexual violence is a complex form of human rights violation because it involves legal, social, cultural, and psychological aspects. This study aims to analyze law enforcement against perpetrators of sexual violence based on Law No. 12 of 2022 with a case study of Decision No. 47/Pid.Sus/2023/PN.GST. In addition, this study also identifies the factors that cause sexual violence, the motives of the perpetrators, and the impacts experienced by the victims, including the implementation of restitution. The method used is qualitative research with a normative and empirical juridical approach. The theories used include Soerjono Soekanto's theory of law enforcement, Gustav Radbruch's theory of legal certainty, and the theory of victim protection. The results of the study show that although Law No. 12 of 2022 provides a progressive legal basis, its implementation faces challenges in the form of limited understanding by officials, patriarchal culture, minimal access to recovery for victims, and weak restitution mechanisms.
Co-Authors Bobur Sobirov Dedi Parna Putra Waruwu Dewi Robiyanti Henny Saida Flora Maidin Gultom Parulian Samosir