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Journal of Contemporary Law Studies
ISSN : -     EISSN : 30308097     DOI : 10.47134/lawstudies
Core Subject : Social,
Journal of Contemporary Law Studies ISSN 3030-8097 is a comprehensive and systematic scholarly platform dedicated to advancing research and discourse in the field of contemporary law. This journal serves as a critical resource for legal scholars, practitioners, and policymakers, fostering a deeper understanding of evolving legal landscapes in the contemporary world. Legal Theory and Philosophy, International Law, Comparative Law, Human Rights and Social Justice, Environmental Law, Technology and Cyber Law, Corporate and Commercial Law, Criminal Law and Justice, Constitutional Law and Health Law and Ethics. Research Methodologies and Interdisciplinary Approaches: Encourages diverse research methodologies and interdisciplinary approaches to enhance the depth and breadth of legal scholarship. Submission Guidelines and Peer Review Process: The journal maintains rigorous submission guidelines and follows a robust peer-review process to ensure the quality and academic rigor of published articles. The Journal of Contemporary Law Studies is committed to contributing to the intellectual discourse surrounding contemporary legal issues and fostering a community of scholars dedicated to advancing legal knowledge.
Arjuna Subject : Umum - Umum
Articles 11 Documents
Search results for , issue "Vol. 2 No. 3 (2025): Mei" : 11 Documents clear
Tinjauan Hukum tentang Tindak Pidana terhadap Agama dan Kepercayaan Menurut KUHP 2023 dengan Pendekatan Keadilan Korektif Abdullah, Fathin; Safira, Rifka; Faradiz, Naqia Annisa
Journal of Contemporary Law Studies Vol. 2 No. 3 (2025): Mei
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i3.4039

Abstract

This study aims to analyze the legal regulation of criminal offenses against religion and belief under Indonesia’s 2023 Penal Code (KUHP) and to assess the effectiveness of the corrective justice approach in preventing legal misuse. The old Article 156a of the previous KUHP was often criticized for its vague interpretation and misuse against religious minority groups. The 2023 Penal Code introduces significant reforms, including more detailed provisions under Chapter VII and alternative sanctions such as community service. Using a normative legal method with statutory, conceptual, and case study approaches, the research finds that the 2023 Penal Code provides a more systematic and proportional framework for religion-related offenses. Furthermore, the adoption of corrective justice enables more restorative outcomes through mediation, restitution, and the avoidance of excessive criminalization. However, several challenges remain in its implementation, including overlaps with Law No. 1/PNPS/1965, limited understanding among law enforcement of corrective justice, and the absence of clear technical guidelines. The study concludes that the 2023 Penal Code marks a progressive step toward a more humane and modern criminal justice system. Its success, however, depends on a paradigm shift among law enforcement officials and regulatory harmonization. Future research should adopt an empirical approach to evaluate the practical application of corrective justice in religious diversity contexts.

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