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All Journal Realism: Law Review Kertha Patrika Open Access DRIVERset
Putri Mega Silvia Pa
Universitas Nusa Cendana
Law, Crime, Criminology & Criminal Justice

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Executive Power in Indonesia: Independent Institutions and the Unitary Executive Theory Perspective Putri Mega Silvia Pa; Kamalia Firdausi; Rizkina Mewahni
Realism: Law Review Vol. 4 No. 1 (2026): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v4i1.123

Abstract

This article examines the presence of independent agencies that perform executive functions within Indonesia’s constitutional system as a normative critique of post-reform institutional design. The article discusses the concept of the Unitary Executive Theory, which developed in the United States as an adherent of a pure presidential system, the position of the President under the 1945 Constitution of the Republic of Indonesia, as well as the relevance and operationalization of this theory within the context of Indonesia’s constitutional system. The research employs a normative legal approach using four methodologies: the statutory approach, the conceptual approach, the comparative approach, and the historical approach. The conclusion of this article is that the 1945 Constitution of the Republic of Indonesia contains a sufficient constitutional basis for the application of the Weak Unitary Executive Theory; therefore, institutions performing executive functions should be under the President’s chain of command to ensure presidential accountability and consistency.
Discourse on the Role of Victim Advocates in the Concept of Plea Bargaining: Towards Restorative Justice? Ni Putu Tya Suindrayani; Rahmat Angga Dwi Putra; Tomi Agi Fratama; Putri Mega Silvia Pa
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p02

Abstract

The purpose of this research is to examine how the discourse on the role of victim advocates in the concept of plea bargaining as an attempt to achieve restorative justice in the adjudication of criminal cases in Indonesia. The methodology used is qualitative research with a non-doctrinal normative legal research method, as well as a regulatory and conceptual approach. The results of this study reveal a discourse on the situation of victim advocates in the current Indonesian criminal justice system, followed by a critical review of the concept of plea bargaining in the criminal justice system, and attempts to achieve restorative justice for victims by strengthening the role of victim advocates through its implementation in the concept of plea bargaining. Thus, the concept of plea bargaining not only prioritizes the interests of the defendant, but also serves as an alternative pathway to achieve recovery for victims of crime.
Discourse on the Role of Victim Advocates in the Concept of Plea Bargaining: Towards Restorative Justice? Ni Putu Tya Suindrayani; Rahmat Angga Dwi Putra; Tomi Agi Fratama; Putri Mega Silvia Pa
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p02

Abstract

The purpose of this research is to examine how the discourse on the role of victim advocates in the concept of plea bargaining as an attempt to achieve restorative justice in the adjudication of criminal cases in Indonesia. The methodology used is qualitative research with a non-doctrinal normative legal research method, as well as a regulatory and conceptual approach. The results of this study reveal a discourse on the situation of victim advocates in the current Indonesian criminal justice system, followed by a critical review of the concept of plea bargaining in the criminal justice system, and attempts to achieve restorative justice for victims by strengthening the role of victim advocates through its implementation in the concept of plea bargaining. Thus, the concept of plea bargaining not only prioritizes the interests of the defendant, but also serves as an alternative pathway to achieve recovery for victims of crime.
Co-Authors Firdausi, Kamalia Ni Putu Tya Suindrayani Rahmat Angga Dwi Putra Rizkina Mewahni Tomi Agi Fratama