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INDONESIA
JUSTISI
Published by Universitas Muhammadiyah Sorong
ISSN : 19797532     EISSN : 26860821     DOI : https://doi.org/10.33506/js.v10i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Justisi provides a forum for publishing research articles, reviewer articles from academics, analyst, practitioners who are interested in providing literature on Legal Studies in all aspects. Scientific articles covering among them : 1. Criminal Law; 2. Civil Law; 3. Constitutional Law; 4. State Administrative Law; 5. Internasional Law; 6. Legal Comparison.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 13 Documents
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Search results for , issue "Vol. 12 No. 2 (2026): JUSTISI" : 13 Documents clear
Reconceptualizing Legal Protection for Drug Addicts: A Restorative Justice Perspective in Indonesia Nurfuzi Sari Hendona, Diovanni; Suherman, Ade Maman; Koswara, Indra Yudha; Setiady, Tri; Triyunarti, Wiwin
JUSTISI Vol. 12 No. 2 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.5132

Abstract

This study aims to analyze legal protections for drug addicts and to examine the relevance of applying restorative justice within the Indonesian criminal justice system, particularly in recognizing addicts as legal subjects who possess a dual role as both perpetrators and victims. The methods employed are normative legal analysis using statutory, conceptual, and case-based approaches, analyzed qualitatively through primary legal sources, court rulings, and relevant academic literature. The novelty of this study lies in the development of an integrated analytical model that combines legal protection theory, victimology, and the principles of restorative and rehabilitative justice, while formulating a regulatory harmonization model that positions drug addicts as subjects of legal protection within narcotics policy. The findings indicate that the legal status of drug users within Indonesia’s criminal justice system remains ambiguous, leading to the dominance of a repressive approach that conflicts with the principle of rehabilitation. The normative inconsistency between Articles 54 and 103 and the criminalization provisions in Article 127 of Law No. 35 of 2009, as well as the disharmony with criminal procedure law and the internal policies of law enforcement agencies, creates legal uncertainty in practice. The conclusions of this study affirm that regulatory reform is needed, oriented toward strengthening rehabilitation as a right of drug users, strengthening rehabilitation institutions, reducing social stigma, and optimizing restorative justice approaches to realize a criminal justice system that is more just, humane, and sustainable.
Legal Vacuum in Deferred Prosecution Agreements and Its Implications for Law Enforcement Disparity in Indonesia Nafirah, Siti Adinda; Nanda Yuniza Eviani
JUSTISI Vol. 12 No. 2 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.5492

Abstract

This study aims to analyze various normative and procedural weaknesses within the framework of Deferred Prosecution Agreements (DPAs) in Indonesia, particularly regarding the lack of established sentencing guidelines and proportionality parameters, the lack of clarity regarding methods for calculating state financial losses, limited transparency, and inadequate procedural safeguards. This study employs a normative legal research methodology with a qualitative approach, utilizing a statutory approach, a conceptual approach, and a comparative approach. The study focuses on relevant legislation, doctrinal constructs, and institutional designs related to the regulation of DPA in Indonesia. Additionally, this research compares regulatory frameworks in the United States, the United Kingdom, and Singapore to identify governance models and procedural safeguards that can be applied in negotiation-based corporate law enforcement. The novelty of this research lies in the analysis of DPAs, which is not only situated within the context of prosecutorial discretion but also in relation to the corporate insolvency regime, including bankruptcy and debt repayment deferral (PKPU). The results of the research indicate that DPA regulations in Indonesia have not yet been established through an adequate framework. These issues are evident in the absence of sentencing benchmarks and proportionality, the lack of uniformity in methods for assessing state losses, low transparency, and the fragility of procedural accountability. This situation creates room for unfocused prosecutorial discretion, inconsistent application of the law, and potential disparities in the outcomes of negotiated justice. The conclusion of this study is that the implementation of DPAs in Indonesia requires an integrated governance framework, emphasizing structured discretion, clear measures of proportionality, judicial oversight, transparency, and interagency coordination. Strengthening these aspects is necessary to ensure legal certainty, maintain public trust, and uphold the legitimacy of negotiated justice in the enforcement of corporate criminal law.
The Existence of the Noken System in Simultaneous Elections in Pisugi District, Jayawijaya Regency Rahmad, Noor; Budiman, Eren Arif
JUSTISI Vol. 12 No. 2 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.4173

Abstract

The aim of this study is to examine the existence of the noken electoral system in the 2019 elections in Pisugi District, Jayawijaya Regency. This study will further analyze the status of the noken electoral system within the national legal framework. The study employs an empirical legal method, which involves observing actual conditions within the community. The novelty of this research lies in the fact that indigenous communities must preserve the existence of the Noken electoral system, and the government must issue policies in the form of written regulations within the national legal system so that the Noken electoral system can become a democratic identity for indigenous communities in the mountainous regions of Papua. The results of the study found that there is a necessity to urge the Constitutional Court to ratify the Noken Electoral System, which is a cultural heritage of indigenous communities that must be preserved and protected. When the Constitutional Court sets aside written prohibitions to uphold justice for indigenous communities still living in the mountainous regions, its philosophical principles are also reflected. The conclusion of this study is that the government must issue written regulations regarding the Noken electoral system to serve as the foundation of the national legal system. Thus, by establishing written regulations regarding the Noken system, it will serve as a model for other regions in implementing electoral systems in accordance with their local wisdom.

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