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Justice Dialectical
Published by Sekolah Tinggi Ilmu Hukum Adhyaksa
ISSN : 3047423X     EISSN : 30474264     DOI : https://doi.org/10.70720/jjd.v2i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal of Justice Dialectical is an international and fully peer reviewed journal which welcomes high quality, theoretically informed papers on a wide range of fields linked to criminal law and criminal justice system. It invites submissions relating to: Studies of crime and interpretations of forms and dimensions of criminal law; Analyses of criminological debates and contested theoretical frameworks of criminal justice system analysis; Criminal justice and penal policy and practices; Policing policies and policing forms and practices; Criminal law and practice from a socio-legal perspective. Election Crime. Economic Crime Juvenile crime. We particularly welcome submissions relating to more recent and emerging areas of criminal law and criminal justice system enquiry including cyber-enabled crime, fraud-related crime, terrorism, hate crime and legal justice.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol 2 No 2 (2024): Jurnal Justice Dialectical" : 5 Documents clear
The Liability of Criminal Law for Perpetrators of Goods Embezzlement Andri Winjaya Laksana; Akhmad Ikraam; Anila Robbani
Jurnal Justice Dialectical Vol 2 No 2 (2024): Jurnal Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v2i2.50

Abstract

The crime of embezzlement has become one of the causes of violations of social rights and the erosion of social values in community life. However, is it already optimal in its law enforcement, especially in the criminal accountability that should be imposed on the perpetrators of embezzlement? This research aims first to understand the regulation of criminal liability for embezzlement offenders and second, to examine the challenges that constitute weaknesses in the criminal liability itself, which result in the persistence of such crimes, and the efforts to address them. This research method uses normative legal research. This research method uses legislative techniques related to the review of all relevant legal guidelines and policies. This approach is used to understand the regulations on criminal liability for perpetrators of embezzlement. In addition, this research also uses a conceptual and case-based approach. The results of this research are, first, that criminal liability for the perpetrator of embezzlement is based on three main elements: the defendant's ability to account for their actions, the presence of an element of fault, and the absence of exculpatory or justificatory reasons. These elements serve as a guide for judges in determining criminal sanctions. Second, in the enforcement of criminal accountability, there are three main hindering factors: the substance of the law, the structure of the law, and the facilities and infrastructure. To overcome these obstacles and minimize embezzlement crimes, efforts are needed through criminal law and preventive and repressive measures.
Optimizing Penal Mediation through Restorative Justice: A Progressive Solution in Criminal Law Reform Arpangi, Arpangi; Ramadani , Maydika; Cindy Yosiana
Jurnal Justice Dialectical Vol 2 No 2 (2024): Jurnal Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v2i2.51

Abstract

In Indonesia, prison mediation by restorative justice has evolved as a progressive approach to criminal justice reform to create a more compassionate, efficient, and rehabilitative justice system. Despite its promise, its implementation confronts problems such as a lack of knowledge among law enforcement personnel and the general public and regulatory inadequacies. This paper intends to evaluate the application of penal mediation as an alternative to conventional criminal justice processes, analyzing its role in attaining restorative justice and its efficacy in resolving minor offenses and child-related issues. This study examines prison mediation through restorative justice in the Indonesian criminal law system using a normative juridical technique combined with a qualitative descriptive-analytical methodology. Data were gathered from literature reviews and associated legal documents, and the analysis was done utilizing a deductive-inductive technique to combine theory and practice in criminal law reform. According to the findings, introducing prison mediation via restorative justice can substantially contribute to revamping Indonesia's criminal justice system, notably by decreasing the load on courts and offering a more rehabilitative approach for offenders. The study emphasizes the significance of matching legislative frameworks, such as the Penal and Draft Criminal Procedure Code, with restorative justice ideas for easier integration. Furthermore, research demonstrates that the practical application of restorative justice has ongoing hurdles, notably in terms of legal understanding and institutional preparation. The report proposes enhancing training for legal practitioners and extending public awareness campaigns to increase the efficacy of restorative justice in Indonesia.
Applying Restorative Justice to Resolve Minor Assault Cases Hendro Widodo; Raul Gindo Cahayao; Reza Octavia Kusumaningtyas
Jurnal Justice Dialectical Vol 2 No 2 (2024): Jurnal Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v2i2.52

Abstract

To facilitate non-litigation case resolution, the criminal justice system in Indonesia has implemented restorative justice through the Prosecutor's Regulation and the Police Regulation. Nevertheless, the practical implementation of restorative justice in cases of minor assault continues to encounter a variety of challenges. Consequently, this investigation aims to evaluate how restorative justice is implemented to resolve instances of minor assault. This investigation implements a normative legal research methodology. The study's findings suggest that Indonesia's criminal justice system has initiated the implementation of restorative justice as an alternative to traditional court procedures for resolving cases, particularly minor crimes. This approach emphasizes dialogue and the restoration of relationships. This method aims to mitigate the burden on judicial institutions, prevent societal resentment, and reduce criminalization and stigma. Nevertheless, its implementation is impeded by a lack of understanding, limited legal regulations, and minimal support from the community and victims. To achieve success, it is necessary to implement more stringent regulations, provide law enforcement officers with training, and engage the community.
Developing Optimal Approaches for Investigating Corruption Crimes in Unique Circumstances Willy Naresta Hanum; Iswantoro, Iswantoro
Jurnal Justice Dialectical Vol 2 No 2 (2024): Jurnal Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v2i2.53

Abstract

Investigating criminal acts of corruption in certain circumstances is ineffective because the investigation and prosecution process carried out by law enforcement officials in Indonesia is discontinuous. This is normative legal research that uses a statutory approach to determine material and formal suitability for investigating criminal acts of corruption in certain circumstances. The legal materials used are primary and secondary. The data collection technique was carried out by literature study and then analyzed using the syllogism method. The research results show, first, that the lack of optimal investigation is influenced by three factors: substance, structure, and legal culture. Second, formulating ideals for investigating criminal acts of corruption in specific circumstances is necessary. This includes revising the provisions on criminal threats in court decisions, reformulating the role and function of the police, prosecutors, and corruption eradication commissions related to investigations, and recognizing the community's role in preventing corruption in Indonesia. Therefore, the government must consider reformulating the investigation of criminal acts of corruption, especially in certain circumstances, to make it more effective.
Reforming the Prosecutor's Role in the Constitutional System Rian Saputra; Nilam Firmandayu
Jurnal Justice Dialectical Vol 2 No 2 (2024): Jurnal Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v2i2.54

Abstract

Legal uncertainty regarding the independence of the prosecutor is caused by its position as part of the executive institution, but also has a function as a judicial institution. This research is a normative legal study that employs a statutory approach to assess the suitability of regulating the prosecutor's office, whether it operates as a standalone judicial institution or as a component of an executive institution. The legal materials used are primary and secondary. The data collection technique was carried out by literature study and then analyzed using the syllogism method. The research results show, first, that regulations still overlap because the prosecutor's office carries out a judicial function, but in other interpretations, it is still under executive power. Second, a model for reforming the prosecutor's office position based on the theory of separation and distribution of power is needed to guarantee its independence in the law enforcement process. Therefore, this research can help the Indonesian government clarify the prosecutor's office's authority as a manifestation of the independent division of power.

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