Article Per Year (5 Year)
p-Index From 2021 - 2026
0.562
P-Index
This Author published in this journals
All Journal PALAR : Pakuan Law Review
Herlita Eryke
Faculty of Law, University of Bengkulu
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Juridical Analysis of the Renewal of the Principle of Legality in Law Number 1 of 2023 Indah Carmelia; Herlita Eryke
PALAR (Pakuan Law review) Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.52

Abstract

This study aims to analyze the level of legal understanding of law enforcement officers regarding the renewal of the principle of legality in Law Number 1 of 2023 and its influence on the perception of legal certainty. The research problem lies in the unequal understanding of officers regarding the change in the concept of the principle of legality from a formal approach to a material approach. The study used a quantitative method with a descriptive analytical design. Data were collected through a Likert-scale questionnaire distributed to 120 respondents consisting of judges, prosecutors, and police investigators using a purposive sampling technique. Data analysis was conducted using descriptive statistics, ANOVA tests, and simple regression with the help of SPSS software. The results showed that the level of legal understanding of law enforcement officers was in the fairly good category with an average score of 3.68. There were significant differences between professions, with judges having the highest level of understanding and investigators having the lowest. The regression results show that legal understanding had a positive and significant effect on the perception of legal certainty. This study provides a scientific contribution by presenting empirical evidence regarding the role of legal understanding in the implementation of the new principle of legality and strengthening the development of empirical-based criminal law studies in legal studies in Indonesia.   Keywords : Principle of Legality, Legal Understanding, Legal Certainty, New Criminal Code, Law Enforcement.
The Influence of Criminal Norms in the New Criminal Code on Variations in Judges' Decisions Ghina Praska Levi; Fero Sanjaya; Herlita Eryke
PALAR (Pakuan Law review) Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.53

Abstract

Sentencing disparity remains a persistent issue in criminal justice systems because judicial decisions in similar cases often produce significantly different outcomes. Indonesia's criminal law reform through Law No. 1 of 2023 introduced more structured sentencing norms intended to improve consistency in judicial decisions. This study examines the influence of these norms on variations in judicial sentencing. The research uses a quantitative explanatory design with a comparative approach between periods before and after the enactment of the new Criminal Code. The dataset consists of legally binding court decisions on selected criminal offenses. Samples were selected using stratified random sampling based on case type and court jurisdiction. Data analysis employed descriptive statistics, independent t-tests, and multiple linear regression to evaluate the effect of normative reform on sentence length variation. The findings indicate a significant decrease in average sentence length after the implementation of the new sentencing norms. The standard deviation of sentences also declined, suggests reduced sentencing variation. Regression results show that the reform variable has a negative and statistically significant effect on sentence length, although its explanatory contribution remains limited. This study contributes to the literature by providing empirical evidence on how legislative reform influences voting practices in a developing legal system. Methodologically, it offers a comparative quantitative approach using court decision data to evaluate the impact of criminal law reform.   Keywords :​ Penal norms, New Criminal Code, Variations in sentencing, Criminal disparities, Criminal law reform.
The Formulation of Morality Crimes in Law No. 1 of 2023: A Criminal Law Study of the Risk of Overcriminalization and Legal Certainty Natasa Belinda; Fero Sanjaya; Herlita Eryke
PALAR (Pakuan Law review) Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.59

Abstract

Law No. 1 of 2023 on the Criminal Code brings fundamental reforms to Indonesia's criminal justice system, including the reclassification of moral crimes. The formulation of offenses such as adultery and cohabitation has sparked debate regarding the rational limits of criminalization in a state governed by the rule of law. This study aims to analyze the normative formulation of moral crimes in Law No. 1 of 2023, examine the potential for overcriminalization, and assess its implications for the principle of legal certainty. This study uses a qualitative descriptive method with a normative juridical approach through the analysis of legislation and a conceptual approach. The primary legal material is Law No. 1 of 2023, while the secondary legal material includes current literature and scientific articles. The results of the study show that the expansion of the scope of moral offenses has the potential to expand state intervention in the private sphere, even though it is formulated as a complaint offense. Several provisions still leave room for multiple interpretations that can affect the consistency of the application of the principles of legality and legal certainty. This study emphasizes the importance of limiting criminalization based on the principles of proportionality and ultimum remedy so that criminal law reform remains in line with the values of legal certainty and the protection of citizens' rights.   Keywords : Moral crimes, Overcriminalization, Legal certainty, Principle of legality, 2023 Criminal Code.
Co-Authors Fero Sanjaya Fero Sanjaya Ghina Praska Levi Indah Carmelia Natasa Belinda