Jurnal Ilmiah Penegakan Hukum
Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER

Kritik Terhadap Penyelesaian Tindak Pidana Pembunuhan Dengan Mekanisme Restorative Justice

Natalia, Christina Lintang (Unknown)
Ardian, Riswanda (Unknown)



Article Info

Publish Date
26 Dec 2024

Abstract

The research aims to show that murder cases should not be resolved by deviating from Criminal Procedure Law or using non-formal legal mechanisms. The focus of this issue is on KOMNAS HAM Number: 22/HM.00/IV/2023, where a murder case was settled through a non-formal legal mechanism. Ideally, this murder case should have been resolved through the Criminal Procedure process and other applicable internal regulations of law enforcement agencies. This article uses normative research methods that examine document studies using secondary data such as laws and regulations. Specifically, this research will address the contradiction between what should be and what is (das sollen and das sein). Das sollen refers to the general legal provisions or normative realities. Murder is a criminal offense that results in the loss of a person's life. As a regular crime (delik biasa), the legal process against the suspect must continue. This creates a conflict in a case that occurred in Wamena, Papua, on February 23, 2023, where a murder committed by law enforcement officers was resolved through a non-formal legal mechanism, which also involved human rights violations.

Copyrights © 2024






Journal Info

Abbrev

gakkum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Penegakan Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business ...