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Reorientasi Tujuan Pemidanaan Dalam Sistem Peradilan Pidana Indonesia: Analisis Penologi Antara Pendekatan Retributif Dan Restoratif Nadia Permata Sari; Muhammad Aldiffo Widyoza; Yelse Maya Wulandari; Tia Zahara; Renindita .
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

This study aims to examine the dynamics of sentencing theory development from a penological perspective, while assessing the relevance of retributive and restorative approaches in achieving punishment objectives grounded in justice, utility, and offender rehabilitation in Indonesia. The normative legal method is employed, utilizing statutory and conceptual approaches. The analysis reveals a paradigm shift from a retribution-centered model toward an integrative framework accommodating deterrence, rehabilitation, and restoration. This transformation is reflected in the sentencing objectives stipulated under Law Number 1 of 2023 on the Criminal Code, the application of restorative justice mechanisms pursuant to Prosecutor Regulation Number 15 of 2020, and the reinforced correctional functions under Law Number 22 of 2022. The retributive approach retains significance in upholding legal certainty and preserving the public sense of justice, particularly in serious criminal cases. The restorative approach, meanwhile, contributes to repairing the relationships among offenders, victims, and communities, and strengthens social reintegration. Indonesia's sentencing system accordingly demonstrates an integrative orientation that seeks to balance legal certainty, social utility, and respect for human dignity.
Keterwakilan Perempuan dalam Struktur Keorganisasian Mahasiswa Muhammad Hafizh Aziz; Nadia Permata Sari; Dwi Putri Lestarika
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 2 (2024): September - Oktober
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/b5wy7904

Abstract

Women's representation in student organizational structures is an important issue that reflects the gender gap that still exists, even though the number of female students is often greater than male. This research uses normative juridical methods to explore the legal and social challenges that hinder women from occupying leadership positions in student organizations, such as gender stereotypes and lack of support from the social environment. The results of this research show that even though there are regulations that support gender equality, such as Law Number 39 of 1999 concerning Human Rights, practice in the field still shows the dominance of men in strategic positions. Therefore, it is important to increase women's representation so that student organizations can create more inclusive policies and encourage women's empowerment, so that they can form a future generation of leaders who value equality and social justice more.