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YURISDIKSI : Jurnal Wacana Hukum dan Sains
Published by Universitas Merdeka Surabaya
ISSN : 20866852     EISSN : 25985892     DOI : -
Core Subject : Health, Social,
Health Professions Law, Crime, Criminology & Criminal Justice
The scope of the articles published in YURISDIKSI Jurnal Wacana Hukum dan Sains deal with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Antropological Law, Medical Law, Law and Economic, Sociology of Law and another section related contemporary issues in Law. YURISDIKSI Jurnal Wacana Hukum dan Sains is an open access journal which means that all content is freely available without charge to the user or his/her institution. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 303 Documents
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Juridical Implication of Restorative Justice On Prosecutorial Authority In Penal Mediation I Gde Putu Prema Dhananjaya; Milda Istiqomah; Abdul Madjid
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.367

Abstract

The development of criminal law in Indonesia shows a paradigm shift from a retributive approach to a restorative approach that emphasizes the restoration of victims' losses, the responsibility of perpetrators, and the restoration of social relations. This shift is marked by the presence of a Restorative Justice mechanism in the National Criminal Procedure Code (KUHAP), which can be implemented from the investigation, inquiry, prosecution, to trial. On the other hand, the Prosecutor's Office Law has previously authorized Prosecutors to conduct Penal Mediation as a form of out-of-court criminal case resolution. This condition raises legal issues in the form of potential overlapping authority, dualism in case resolution mechanisms, and unclear relationships between Restorative Justice and Penal Mediation in the national criminal justice system. This research uses a normative legal method with a statutory, conceptual, and systematic approach. Primary legal materials consist of laws and regulations related to the National Criminal Procedure Code, the Prosecutor's Office Law, and other relevant provisions, while secondary legal materials are obtained from literature, journals, and legal doctrine. The research findings indicate that the presence of Restorative Justice mechanisms strengthens the humanist orientation in law enforcement, but simultaneously demands harmonization of norms so that the Prosecutor's authority in Penal Mediation maintains legal certainty. Penal Mediation is essentially a special instrument within the Restorative Justice framework that can be optimized at the prosecution stage. Going forward, regulatory reform is needed that clarifies the limits of authority, implementation procedures, case criteria, and legal consequences of restorative resolution to create an effective, simple, and just criminal justice system.
Legal Review of The Criminal Act of Child Molestery Falihah Qomala; Bastianto Nugroho; Sri Anggraini K. Dewi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.369

Abstract

The aim of this research is to determine the application of material criminal law to cases of ongoing child abuse in decision Number 1271/Pid.Sus/2020/PT Sby. This research method is normative research, with a conceptual approach, namely legal research that looks for principles, doctrines and sources of law in a juridical philosophical sense. Results: Efforts to protect against identity reporting through mass media and to avoid labeling, providing safety guarantees for victim witnesses and expert witnesses, both physical, mental and social and providing accessibility to obtain information regarding case developments as well as support from the government or related institutions as well as from community members and those closest to them, case assistance from case examination to trial from the Women and Child Protection (PPA) unit and the social department.
Criminal Responsibility For Perpetrators of Skimming Crime Abdur Rohim; Mohammad Roesli; Supolo Setyo Wibowo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.370

Abstract

The purpose of this research isCriminal Responsibility for Perpetrators of Skimming Crimes, a qualitative-descriptive research method that produces analytical descriptive data stated by respondents in writing or verbally as well as real behavior, which is researched and studied as a whole. Basic Results of Judge's Considerations in determining the guilt of the perpetrator of skimming crimes in case Number 11/Pid.Sus/2022/PN. Psr. using Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions as amended and supplemented by Law of the Republic of Indonesia Number 19 of 2016 concerning amendments to Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions Article 30 Paragraph 2 (two) Jo. Article 46 Paragraph 2 (two) Jo Article 55 Paragraph 1 point 1 of the Criminal Code, the judge uses legal and non-legal considerations. With his legal considerations.

Page 31 of 31 | Total Record : 303

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