Jurnal Jendela Hukum


PENERAPAN ASAS EQUALITY BEFORE THE LAW BERDASARKAN KEADILAN RESTORATIF TERHADAP PUTUSAN HAKIM DALAM MENGADILI

Adi Partha, Putu Gde Nuraharja (Unknown)
Anggono, Bayu Dwi (Unknown)
Tanuwijaya, Fanny (Unknown)



Article Info

Publish Date
30 Sep 2024

Abstract

The principle of equality before the law, as an integral part of the rule of law doctrine that is often applied by developing countries such as Indonesia, is an important key in creating justice, especially in the context of implementing restorative justice in law enforcement in certain cases. Although this concept does not eliminate criminal sanctions, the importance of restoring losses and reconciliation between perpetrators and victims is the main focus in determining the appropriate punishment, which is in line with the principle of the principle of equality before the law. The results of the study are that the principle of equality before the law is used as a reference for standardization in the paradigm of restorative justice law against the judge's decision trying the defendant Galan Julianda Bin Z Bulungan, it is seen that the judge used the teachings of restorative justice as a guideline in sentencing the defendant. The teachings of restorative justice are seen as restoring the relationship between the perpetrator and the victim, as well as an act of atonement by the perpetrator of the crime. The principle of equality before the law as one of the principles in law that is important in implementing the Galan Julianda Bin Z Bulungan Case, the construction of restorative justice in the judge's decision is a significant change in the paradigm of criminal law.

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Journal Info

Abbrev

FH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JURNAL JENDELA HUKUM ini diterbitkan berkala Oleh Fakultas Hukum Universitas Wiraraja Sumenep sebagai media komunikasi dan pengembangan ilmu. Fakultas Hukum menerima naskah tulisan ilmiah berupa hasil penelitian, konseptual, dan telaah buku baru di bidang Hukum. Tulisan yang dimuat merupakan karya ...