Indonesian Criminal Justice System Research Articles

The Nature of Restorative Justice in Indonesian Criminal Justice System

This research aims to comprehensively explore Restorative Justice within Indonesia's judicial system, examining its role, necessity, and implementation methods. The theoretical framework emphasizes reconciliation, reparation, and the involvement of victims, offenders, and communities in justice processes, contrasting with punitive approaches by prioritizing healing and peace restoration. Methodologically, the study employs normative legal research, analyzing Indonesian laws, conducting comparative studies, and exploring doctrinal principles relevant to Restorative Justice. Findings underscore the need for a unified legal framework to ensure consistent application across different judicial levels, advocating for judges to apply Restorative Justice principles effectively through proper training and guidelines. This research contributes valuable insights into enhancing justice and reconciliation practices in Indonesia's criminal justice system.

Indonesian Criminal Justice System and Human Rights Protection

The criminal justice system in Indonesia has several components, including the Police, Prosecutor's Office, Court, Corrections, and advocates. In running the justice system in Indonesia, several components must comply with human rights, including the protection of human rights for perpetrators and human rights for victims.

The Application of Article 56 Paragraph (1) of the Indonesian Criminal Procedure Code (KUHAP) from a Human Rights Perspective in Relation to the Integrated Criminal Justice System in Indonesia

The Application of Article 56 Paragraph (1) of the Indonesian Criminal Procedure Code (KUHAP) from a Human Rights Perspective in Relation to the Integrated Criminal Justice System in Indonesia

The Death Penalty in the Indonesian Criminal Justice System in the Midst of Global Challenges

The Death Penalty in the Indonesian Criminal Justice System in the Midst of Global Challenges

The Effectiveness of Legal Aid Standards for Suspects in the Indonesian Criminal Justice System in Achieving Access to Justice

The Effectiveness of Legal Aid Standards for Suspects in the Indonesian Criminal Justice System in Achieving Access to Justice

Protecting Children Rights through the Juvenile Criminal Justice System in Indonesia: Issues and Challenges

The Juvenile Criminal Justice System is established to uphold justice for children who engage in criminal proceedings, especially those who perpetrate criminal offense. The System sets up various measures in order to protect the rights of these children. This article aims at evaluating the operation of the Juvenile Criminal Justice System in Indonesia with special concern on the fulfilment of the rights of children who are in conflict with the law. The type of research is that of normative legal research which relies on secondary data in the form of primary and secondary legal material. This normative legal research employs statutory approach. It is found that the rights of children who are in conflict with the law is primary protected through the employment of diversion, the initial step for settling the criminal case outside the judicial system. The operation of the Juvenile Criminal Justice System comes across some obstacles in field, including with regard to the employment of diversion. Therefore, improvement in employing diversion seems to be necessary to achieve better quality of children rights protection.

Insufficient criminal justice system response to the severity of domestic violence during the pandemic in Indonesia

Domestic violence increased dramatically in Indonesia during the COVID-19 pandemic compared to the previous pandemic. This article analyses how Indonesia's criminal justice system responded to domestic violence during the pandemic. This article used secondary data gathered from various online resources and legal publications. This article demonstrated that during the pandemic, victims of domestic violence in Indonesia were unable to access justice due to two significant barriers. Before filing a formal complaint with the appropriate official, victims would prefer to discuss the matter with their relatives. Furthermore, the victims could not report their cases to the responsible official due to mobility constraints. This case demonstrates that in patriarchal societies, the criminal justice system could not handle domestic violence cases more effectively. As a result, the technical operation of the criminal justice system necessitates the development of a novel method of case filing. This article proposes that the Indonesian criminal justice system establish a complaint system based on social media to provide victims of domestic violence with prompt justice. Furthermore, the legal advocacy role of the community in assisting domestic violence victims is critical.

The Evidentiary Power of Dementia Witnesses in Domestic Violence Cases

The Indonesian criminal justice system often neglects crime victims, relegating them to mere witnesses needed for case substantiation, a consequence of its bias towards perpetrator protection. This disregard extends to vulnerable victims like those with dementia, whose cognitive limitations significantly hinder their courtroom testimony, posing challenges in recalling events and expressing themselves clearly. Consequently, the credibility and evidentiary value of their statements are compromised, exacerbating the social and psychological impacts on dementia sufferers. This research aims to address this issue by examining the evidentiary power of dementia witnesses in domestic violence cases within the Indonesian legal framework, drawing on theories of legal protection and certainty. Employing a normative juridical approach, the study analyzes the role of the Public Prosecutor in the evidentiary process and proposes regulatory frameworks to ensure the fair treatment and protection of vulnerable individuals within the criminal justice system.

Rungkad Hakekat Penuntutan dalam penjelasan Pasal 132 Undang-Undang nomor 1 tahun 2023 tentang Kitab Undang-Undang Hukum Pidana (KUHP BARU) dan Kegalauan Penyidik/ Penyidik Pembantu Polri

This is different from the term Wetboek van Strafprocesrecht, which in Indonesian means "Criminal Procedure Code". According to legal expert from Hasanuddin University Makassar; Hamzah (1985:13) the Dutch Minister of Justice emphasized that the term "Strafvordering" covers all criminal prosecution procedures. Therefore, it can be concluded that the Criminal Procedure Code in Indonesia is not a descendant of Dutch blue blood/a colonial product, while also confirming that the current Criminal Procedure Code does not merely discuss prosecution procedures. The explanation of Article 132 of the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code reads "in this provision what is meant by "prosecution" is the judicial process which begins with an investigation". The explanation of Article 132 of the new Criminal Code is a butterfly effect phenomenon if not receiving special attention will certainly damage the essence of prosecutorial authority which is neatly structured in the Indonesian criminal procedural justice system. The explanation of Article 132 of the new Criminal Code does not at all understand Stufenbau's legal theory where the expanded role of prosecutors is in direct contrast to Article 30 paragraph (4) of the Law. -The 1945 Constitution which is the ground norm or basic norm. Apart from that, the Explanation of Article 132 of the New Criminal Code is too vulgar to rebel against the principle of Functional Differentiation which is already compatible with the Indonesian criminal procedural justice system. It requires awareness of all Polri personnel through education about the latent dangers of the explanation of Article 132 of the New Criminal Code. This is in order to explain that this article slightly confuses the existence of investigators/assistant investigators of the National Police so that investigative authority should not be compromised.

Dynamics Of Legal Aid Provision In The Indonesian Criminal Justice System: A Comparative Study Of The Netherlands, Australia, And South Africa

The Dynamics of Legal Aid Provision within the Legal System Aimed at Providing Limited Access to Justice and Referring to Core Principles Including Presumption of Innocence, Right to Know the Nature of Charges Against the Defendant, and Ability to Effectively Defend Against Those Charges in a Fair and Open Trial by an Independent and Impartial Court. The legal research method used in this study is normative juridical research that refers to the legal basis related to legal norms applicable in a country. This research approach uses legislative and comparative approaches regarding legal aid provision in Australia, the Netherlands, and South Africa. The research findings indicate that legal aid provided by lawyers representing their clients to provide legal assistance is at the core of the right to fair trial and must be provided to anyone as a concrete manifestation of the principle of equality before the law. Therefore, access to justice is not only for those with high social status but also for lower- and middle-class individuals who have economic limitations and have the same right to be treated fairly under the law. Based on these aspects, this paper will comprehensively discuss legal aid provision in the criminal justice system in the Netherlands, Australia, and South Africa.

Penerapan Restorative Justice oleh Pengadilan Negeri Medan untuk Mewujudkan Kepastian Hukum dalam Penyelesaian Tindak Pidana

This research aims to evaluate the effectiveness of the implementation of restorative justice by the District Court of Medan in achieving legal certainty for all parties involved in the legal process. The research method used is normative juridical legal research, focusing on written regulations and other legal materials. Data collection is conducted through literature review to explore concepts, theories, or opinions regarding Legal Certainty in the Implementation of Restorative Justice. The analysis is qualitative, explaining the relationship between types of data, selection, and data processing to be systematically outlined. The conclusion of the analysis will include answers to the issues raised and evidence of the truth or falsity of the hypotheses proposed. The results of the research indicate that the Indonesian Criminal Justice System has undergone renewal with the introduction of the concept of restorative justice. This involves perpetrators, victims, and other stakeholders in seeking fair solutions and peace after criminal events. The Public Prosecutor's Office plays a crucial role in prosecution, and the principle of "enn en ondeelbaar" asserts its functional unity. Restorative Justice has been regulated in laws and regulations, providing opportunities for victims and perpetrators to participate in peaceful case resolution. Restorative Justice offers an alternative to criminal case resolution outside the courtroom, focusing on restoration and reconciliation. In the District Attorney's Office of Medan, the process requires detailed administration. The regulation of victim protection in criminal law is stipulated in Indonesian positive law. Restorative Justice is applied in the general court environment with the aim of creating legal certainty and justice for all parties involved. Legal certainty in the application of Restorative Justice allows for various alternative handling of criminal offenses outside the courtroom, such as out-of-court settlements. This can reduce case backlog and high costs, as well as shorten the resolution process compared to litigation. Restorative Justice also prioritizes substantive justice with a focus on the interests of victims and restoring conditions to pre-criminal levels.

Implementation of Plea Bargaining in the Indonesian Criminal Justice System

There is a need for a new system in the Indonesian Criminal Justice System that is thought to make case handling more efficient, specifically by adopting plea bargaining as a problem-solving method for the Indonesian criminal justice system. In this study, the issue formulation is how to implement plea bargaining in the present criminal justice system and the urgency of plea bargaining in the renewal of the Indonesian criminal justice system. The Normative Juridical Research technique was employed to generate this research. Normative Juridical Research is a type of legal research that involves literature study or just secondary information. The regulation on the application of Plea Bargaining in the current criminal justice system is not based on the value of justice, as Article 4 paragraph (2) of Law No. 48 of 2009 concerning Judicial Power mandates that the judicial process must be carried out quickly. At a low cost, but based on the problems that the author described in the previous sub-chapter, the criminal justice process has not been able to reach a simple judicature to this day. The complexity of the criminal justice process in Indonesia now prevents simple, quick, and low-cost judicial implementation from being accomplished in the criminal justice process in Indonesia. In this case, there is a need for a renovation of Indonesia's criminal justice system. This is the legal basis for the urgent need to establish Plea Bargaining in Indonesia.

Protection of Prisoners' Rights in the Criminal Justice System in Indonesia

Protection of Prisoners' Rights in the Criminal Justice System in Indonesia

Restitution of Death-Causing Criminal Acts in Justice and Human Rights Perspectives

Restitution has become a representative of the development of the criminal justice system in Indonesia, with its foundation relying on the eligibility of the rights of crime victims. Such a practice is said to have made the criminal justice system in Indonesia more humane, particularly in terms of human rights. The provision of restitution to victims of criminal acts resulting in death has occurred in Indonesia for the first time. This is based on the presence of severe human rights violations in these criminal acts. This research employs a normative-empirical method, which involves examining the implementation, application, or enforcement of the prevailing laws and regulations in Indonesia in specific legal events within the community. The balance between fulfilling the rights of both the perpetrators and the victims in criminal acts in Indonesia is increasingly pursued over time, one of which is through restitution. Restitution can be one of the efforts made to fulfill victims' rights, including in cases of murder or violence that causes the victim's death. But, it is challenging to determine an appropriate nominal amount for fulfilling restitution for victims. There is a need for a deeper examination and evaluation of the losses suffered by victims of criminal acts who have lost their lives and their right to life. Thus, the provision of restitution as a means of achieving justice for victims will be better fulfilled.

The Role of Victimology in the Protection of Crime Victims in Indonesian Criminal Justice System

Crime victims often find themselves in a consistently disadvantaged position, suffering physically, psychologically, and materially due to the crimes they endure. Unfortunately, the state's attention to victims lacks the intensity given to criminals, with a predominant focus on the legal position and human rights of offenders. Striking a balance between justice for perpetrators and protection for victims is essential. Presently, victims are predominantly considered supplementary to the sufferer, serving as witnesses solely to establish the guilt of the perpetrator. This research uses legal normative methods and employs a descriptive-analytical approach to explore victim guarantees in the Indonesian criminal justice system. The study scrutinizes statutory regulations, emphasizing the role of victimology in safeguarding crime victims. Historically, victim protection primarily centered on the right to compensation. However, Law Number 13 of 2006 concerning Witness and Victim Protection, in conjunction with Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Witness and Victim Protection, significantly expanded victims' rights. Despite this progress, the integration of victim rights into the criminal justice system remains incomplete. The Indonesian criminal justice system must prioritize and safeguard victims' interests, acknowledging the crucial role of victimology in advocating for the rights of those harmed by perpetrators.

The Main Goals and Principles of The Indonesian Criminal Justice System

The Main Goals and Principles of The Indonesian Criminal Justice System

Divergency of Deprivation of Independence and Restrictions of Freedom in the Criminal Justice System in Indonesia

Criminal law has various sanctions and is considered ’effective’ as an effort to prevent, handle, and deal with criminal acts. The concept of sentencing is divided into three theories, and all of them contain elements that limit the freedom rights of a person who commits a criminal act.Therefore, it is very interesting to discuss the divergence of deprivation of independence and limitation of freedom in the criminal justice system in Indonesia. The focus of this research is the study of deprivation of freedom and limitation of freedom in the criminal justice system in Indonesia. The type of research used is normative legal research, where the approach to the problem is a statute approach, conceptual approach, comparative approach, case approach. Deprivation of freedom or restriction of freedom can be interpreted not only as a prison sentence but can be defined as a restriction of freedom in all forms. Restrictions on freedom, eats everything that regulates behavior, activities, and obliges someone to do something, eats can be defined as restrictions on freedom. Limitation of freedom is a broad definition, imprisonment is one type of restriction of freedom, as well as other crimes if there is control or restriction on someone.
 Keywords: deprivation of independence, restrictions of freedom, Indonesia criminal justice

Decriminalization and Technology Integration in Juvenile Justice

This normative juridical research, utilizing statutory and conceptual approaches, aims to explore future policy models for the legal protection of children within the juvenile criminal justice system in Indonesia. Acknowledging various challenges in the current system, the study emphasizes the necessity of reforming policies to ensure legal certainty and justice for minors in conflict with the law. The proposed model advocates for a 'pure decriminalization' approach, which involves removing the punishable nature of certain criminal elements committed by juvenile legal subjects. This model is complemented by a protection policy that underscores preventative measures to decrease the involvement of children in the criminal justice system. A significant emphasis is placed on integrating technology into the system to enhance efficiency and security, thereby safeguarding children's rights more effectively. Additionally, the research highlights the need for increased inter-agency and cross-sectoral cooperation within the legal structure (police, prosecutors, and courts) to create a more coordinated and holistic approach in addressing juvenile justice issues. The findings suggest that these strategic efforts can contribute significantly to the improvement of procedural law applications for children, ensuring their human rights are not violated in future legal encounters.Highlights:
 
 Pure Decriminalization Model: Emphasizes removing the punitive aspects for certain juvenile offenses, focusing on rehabilitation over punishment.
 Technological Advancements: Integration of technology in the juvenile justice system to enhance efficiency, security, and protection of children's rights.
 Enhanced Inter-agency Collaboration: Advocates for improved cooperation between legal entities for a holistic and coordinated approach to juvenile justice issues.
 
 Keywords: Juvenile Justice, Decriminalization, Legal Protection, Technology Integration, Inter-agency Cooperation

The Urgency of Voluntary Probation and Parole Officer in Criminal Justice System in Indonesia

The role of Probation Officers in the criminal justice system in Indonesia has become increasingly significant following the enactment of Law No. 11/2012 concerning the Juvenile Justice System Law, particularly in terms of guidance and supervision closely correlated with the success rate in the reintegration process of former inmates. However, based on the Prison Database System, the number of PKs in Indonesia still needs to be ideal. The ideal ratio of Probation Officers to clients handled is 9,975, but as of November 2023, only 2,851 Probation Officers positions have been filled, resulting in a deficit of 7,124 officers. This research aims to understand the urgency of appointing voluntary probation officers, analyze the practices of voluntary probation officers in other countries, and project the mechanisms for criteria, appointment procedures, task implementation, and working relationships of voluntary probation officers. The method employed is a literature review involving collecting, evaluating, and synthesizing existing knowledge from various written sources to support or provide a basis for the ongoing research. This research indicates that forming voluntary Probation Officers is an alternative solution to meet staffing needs. Additionally, the establishment of the position of voluntary Probation Officer aligns with Government Regulation No. 31/1999 regarding the Development and Guidance of Inmates, which outlines the procedures and requirements for the establishment of voluntary Probation Officers. In practice, voluntary Probation Officers, also known globally as Volunteer Probation Officers (VPO), in Japan have been deemed successful due to their financial efficiency and service effectiveness. In conclusion, establishing voluntary Probation Officers is an alternative solution that the Ministry of Law and Human Rights should promptly realize. Moreover, the successful practices of voluntary probation officers in various countries, including Japan, can guide the design of policies that encompass criteria, procedures, rights, and responsibilities.

EFEKTIFKAH RESTORATIF JUSTICE ? SUATU KAJIAN UPAYA OPTIMALISASI SISTEM PERADILAN PIDANA DI INDONESIA

The criminal justice system in any country has an important role in upholding law and order, ensuring justice for victims, and facilitating rehabilitation for offenders. Recently, there has been an increasing awareness that the conventional punitive approach to criminal justice is not always the most effective or compassionate method of addressing criminal behavior. The author's main objective of this study is to examine the efficiency of restorative justice methods in the criminal justice system in Indonesia. The study adopts a normative juridical research methodology by combining comparative, conceptual, and statutory approaches. The investigation into the effectiveness of restorative justice methods in the Indonesian criminal justice system has generated valuable perspectives on the advantages and hurdles associated with the integration of these methods within the current structure. Research into the effectiveness of restorative justice methods in the context of the Indonesian criminal justice system provides valuable insight into the advantages and barriers associated with the incorporation of these methods into existing structures. The results show that restorative justice provides hope as a replacement for traditional punitive systems, encouraging victim satisfaction, offender responsibility-taking, and decreased recidivism rates. Cases involving restorative justice highlighted the capacity to empower victims, giving them the opportunity to be actively involved in the process and a voice in determining the outcome of their case. Keywords : Criminal Justice; Effectiveness; Restorative Justice.