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All Journal Jurnal Hukum Lex Generalis Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Azaris Pahlemy
Universitas Jember
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Kebijakan Hukum Pemberian Amnesti Dwi Novantoro; Azaris Pahlemy; Arief Amrullah; Fendi Setyawan
Jurnal Hukum Lex Generalis Vol 6 No 12 (2025): Tema Hukum dan Hak Asasi Manusia
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i12.2368

Abstract

This journal uses a normative legal research method. Amnesty is an act of pardon or removal of punishment granted by the President to individuals or groups of individuals who have committed certain criminal acts. Based on Emergency Law Number 11 of 1954, amnesty results in the removal of all criminal consequences for the person granted amnesty. Amnesty and legal certainty are interrelated, because legal certainty is essentially the main objective of law. Emergency Law No. 11 of 1954 on Amnesty and Abolition is considered to be inconsistent with the development of modern constitutional law because there are no implementing regulations for the granting of amnesty by the President, there are no restrictions or criteria regarding what is meant by the interests of the state by the President in granting amnesty, there is no time limit for granting amnesty to perpetrators of criminal acts, and there are no provisions governing the granting of amnesty to defendants as a result of decisions at the District Court level, the appeal level at the High Court, or the cassation level at the Supreme Court.
Restorative Justice Paradigm as a Complement to Retributive Justice: A Review from the Perspective of Pancasila Philosophy Azaris Pahlemy; Dwi Novantoro; Dominikus Rato; Fendi Setyawan
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 4 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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Abstract

This study employs a normative juridical approach. Following the enactment of the new Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) through Law Number 1 of 2023 concerning the Criminal Code and the new Indonesian Code of Criminal Procedure (Kitab Undang-Undang Hukum Acara Pidana/KUHAP) through Law Number 20 of 2025 concerning the Code of Criminal Procedure, both of which came into effect on 2 January 2026, there has been a paradigm shift in the focus of criminal punishment from a retributive justice approach to restorative justice. This paradigm shift arose because retributive justice has been unable to resolve the root causes of crime, has failed to provide adequate space for victim recovery, and has negatively affected social interactions within society. The restorative justice approach offers the concept that punishment should not merely be oriented toward retaliation, but should also take into account the rights and losses suffered by victims, while simultaneously seeking the restoration of social relations within the community. The paradigm of restorative justice is reflected in the minutes of the first session of the Investigating Committee for Preparatory Work for Indonesian Independence (Badan Penyelidik Usaha-Usaha Persiapan Kemerdekaan/BPUPK) held from 29 May to 1 June 1945, which became the embryo for the birth of Pancasila, stating that: “…so that in this era the State of Indonesia may be established, where people can live safely and prosperously, moving toward the attainment of perfect humanity. Therefore, the foremost legal requirement must be respect for human rights and obligations in the deepest sense.” Law enforcement cannot be separated from respect for humanitarian values, both from the perspective of perpetrators and victims, in order to realize a safe and prosperous society in accordance with the philosophy of Pancasila. Keywords: Law Enforcement, Concept of Justice, Pancasila Philosophy
Co-Authors Dominikus Rato Dwi Novantoro Dwi Novantoro Fendi Setyawan Mohammad Arief Amrullah