Justice System In Indonesia Research Articles

Perlindungan Hukum Kepada Anak Yang Melakukan Tindak Pidana

This study is entitled "Legal Protection of Children as Criminal Actors. Nowadays there are often criminal acts committed by children. The problem in this study is the legal protection for children as perpetrators of crime in accordance with the juvenile criminal justice system in Indonesia and its implementation in the Merauke region. The research method used is a juridical-empirical legal research method with a fact and legislation approach. The existing law is used as a guideline about what people should and should not do and see the phenomena that occur in the field. The forms of protection provided to children in conflict with the law are based on Law no. 11 of 2012 concerning the Child Criminal Justice System, which provides protection to children in the stages of arrest and detention, investigation, prosecution, trial and coaching, and through the application of diversion. The conclusion of this study is that children as perpetrators of torture must be treated humanely, accompanied, provided with special facilities and infrastructure as well as sanctions given to children in accordance with the principle of the child's best interests.

The Effect of the District Court Judge's Verdict in the Sambo CS Case on the Level of Public Trust in the Criminal Justice System in Indonesia

This study aims to provide a description regarding the influence of the District Court judge's verdict in the Sambo cs case on the level of public trust in the criminal justice system in Indonesia. The approach in this study uses a type of quantitative research. The sample of respondents consisted of 200 respondents located in Brebes Regency, Tegal Regency, Tegal City and Pemalang Regency. The sampling technique used non-random sampling with purposive sampling. While the instrument used in this research is a questionnaire. The data analysis technique uses the independence hypothesis test through the Khai-Square distribution. This study concludes that based on the calculation results, the khai-squared value is 62.586. Thus, the null hypothesis is rejected and the alternative hypothesis is accepted. In fact, the District Court judge's verdict in the Sambo cs case did influence the level of public trust in the criminal justice system in Indonesia.

When Victims Become Suspects: Legal Aspect of Criminalization on Amaq Sinta Case of Spoliation

In the past few months, an incident that caused a polemic throughout the community, namely a victim of a “begal” crime was named a suspect and imprisoned by law enforcement. A setback for enforcers arbitrarily without thinking carefully and logically in making decisions. The US victim was ensnared in Article 338 of the Criminal Code for taking the life of a person against the law and Article 351 of the Criminal Code paragraph 3 of committing assault that resulted in the loss of a person's life. The method used is a descriptive method which means as a problem solving procedure investigated by describing the state of the subject or object in the study, which can be in the form of people, institutions, or communities based on visible facts. Qualitative research approach is an approach that emphasizes the aspect of in-depth understanding of a problem rather than looking at the problem for generalization research. Objects in secondary research are data obtained from objects that are secondary sources or secondary sources. The data obtained is from a second source, which is not obtained directly from the source. There are two problems, namely why when an incident occurs, a victim of a crime taking the life of a person, the perpetrator can be imprisoned? and does victimology still play a role in the criminal justice system in Indonesia? The conclusion obtained is that enforcers must of course be more careful in dealing with a case or case that uses firmness and logic in determining a decision and ensnaring someone.

Prinsip In Absensia Dalam Pemeriksaan Tindak Pidana Korupsi Ditinjau Dari Perspektif Due Process of Law

Introduction: Courts in absentia in corruption have been pros and cons to date, there is an assumption that court in absentia is a violation of human rights because it is related to the human rights of the accused as a human being who has the right to defend himself in court, on the other hand The trial in absentia can be carried out as long as the whereabouts of the defendant are not known at all so that he cannot be presented at the trial trial due to running away (fugitive).
 Purposes of the Research: This writing aims to analyze and explain the existence of justice in absentia in the implementation of the criminal justice system in Indonesia in accordance with the principle of due process of law, to analyze and discuss the nature of the principle of due process of law in ensuring legal certainty and justice in the examination of criminal cases. 
 Methods of the Research: Normative research method with the type of research is qualitative analysis. The problem approach used is the statute approach, the conceptual approach and the case approach. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through methods of interpretation, harmonization, systematic and legal discovery.
 Results of the Research: The results of the study indicate that the judiciary in absentia can be implemented and does not violate human rights as long as it is implemented through the correct procedure and based on the provisions of the law. The trial in absentia aims to break the deadlock in the examination of defendants who are not present at the trial and efforts to save state finances, both those that have been corrupted and those that are still suspected of being related to corruption cases, both those that have been confiscated and those that have not been confiscated to be confiscated for the State through a court decision.

Legitimacy of Proof of Letters in the Era of the E-Litigation Proof System in the State Administrative Court

In this research article, the author focuses on this discussion to review the validity of evidence on documentary evidence in the era of the e-Litigation evidentiary system at the State Administrative Court (PTUN). The disruption revolution of industry digital 4.0 which was marked by the use of the management of the justice system in Indonesia by the government into a new trial process, namely electronic justice (e-Litigation or e-Courts) has changed the process of proving procedures in PTUN trials to be electronic as well. In achieving the objectives to be discussed, the authors agree to apply a juridical-normative research method that is studied through a conceptual approach and a historical approach. As for the nature of this research is qualitative so that produce scientific and meaningful reseacrh. Source of data used to estamblisment of this reasearch are secondary data sources which include various written materials such a applicable regulations, literature, documents, and references relevant to this research. From the results of the research that has been carried out, the authors found that the paradigm of proceedings in court has entered a new era, from what was previously in the form of a conventional trial to an electronic trial which can only be carried out through the e-Litigation system. So that the process of proving documentary evidence to seek material truth in administrative disputes at PTUN has also been affected to be proven electronically by simply uploading a document to each other. This change in the e-Litigation evidentiary system has sparked debate due to the fact that it is still difficult to do and prove, especially in the first evidentiary process, namely written or written evidence due to several obstacles in it.

The Living Law’s Restorative Justice: Implementation of Restorative Justice as an Integrative Mechanism in Criminal Law

The urgency of this research is the application of local value-based RJ in the community as an integrative mechanism in efforts to resolve disputes or conflicts in the community. This study aims to answer two legal problems, namely: the urgency of implementing RJ by adopting living law in society and the formulation of RJ implementation as an integrative mechanism that adopts living law in society as an effort to settle criminal law. This research is normative legal research by optimizing conceptual and statutory approaches. The results of the study confirm that the urgency of implementing RJ by adopting living law in society is expected so that the criminal justice system in Indonesia can run and be enforced effectively because it is based on living law which originates from people's personalities. The formulation of the application of RJ as an integrative mechanism in the criminal law settlement process is to reform the criminal procedural law through the revision of the Criminal Procedure Code by including the RJ substance which facilitates living law in society. However, because the process of revising the Criminal Procedure Code takes a long time, a transitional legal product can be formed in the form of a SKB RJ which substantially contains the principles, basis and practice of implementing RJ by facilitating living law in society in the criminal justice system.

Implementation of Recidivism Inmate Training in the Era of Industrial Revolutions 4.0

The handling of recidivism crimes is carried out in a series of systems called the criminal justice system, which is a means in society to tackle crime. The components of the criminal justice system in Indonesia are the police, prosecutors, courts and correctional institutions. Correctional institutions provide guidance so that convicts become human beings who are useful in the future. From this, researchers are interested in reviewing the Impact of the Industrial Revolution 4.0 Era on the Development of Prisoners in Indonesian Correctional Institutions. In this research, the authors used an ethnographic study system research approach with a descriptive approach. Ethnography is a social science research method. This research concludes that there are factors related to the lack of success in personality development and recidivism. The main focus of research is to develop a distribution system for the work of channeling prisoners' work through the industrial revolution 4.0.

Juvenile Justice and John Rawls’ Justice Perspective on Serious Crime Committed by Minors

The management of minors in legal trouble continues to be geared toward a restorative justice approach as it develops. Unfortunately, as of yet, the method for putting the restorative justice concept into practice is still dispersed over a number of linked institutional norms and has not been incorporated into laws. The goal of this study is to evaluate the juvenile court system’s rules for providing for minors who need legal assistance as well as John Rawls’ perspective on justice as it relates to significant crimes committed by juveniles, which is now handled using a restorative justice strategy. This research uses normative legal methodologies in conjunction with statutory, conceptual, and case approaches. According to the findings of the study, the juvenile justice system in Indonesia continues to prioritize the interests of the minors; this is done so that perpetrators do not lose their rights as a kid or the future generation. Nonetheless, in serious crimes, such as murder, the kid (perpetrator) can be condemned to jail for no more than 1/2 (one-half) the maximum term of imprisonment for adults. According to John Rawls’ perspective on justice, these requirements are adequate to provide justice. But, in order to build a restorative strategy, policies at the level of legislation that may give legal certainty must be developed, especially for law enforcers such as judges in imposing criminal sanctions so as not to offend the sense of justice for victims.

Reviewing Victimology in the Doxing Case of an Indonesian Virtual Youtuber

The rapid development in technology has caused a revolution in the entertainment world in Indonesia. This development created a new profession called virtual Youtuber. A virtual Youtuber is someone who has another identity and hides behind an animation which is often called an avatar, therefore a phenomenon arises where virtual Youtubers are spread their personal data which is commonly called doxing. Therefore, this paper wants to analyze how the review of victimology in Indonesia and how the review of victimology on doxing cases against virtual Youtubers (Chloe Papua, Naminae Sae, and also Fay Kuroda) in Indonesia. By using the juridical-empirical research method where legal research through the formulation or application of normative law in a group of people who are in and involved with virtual Youtubers. The most important finding in this study is how the justice system in Indonesia which uses an offender oriented system where the criminal process is more likely to focus on the perpetrator does not provide a restorative justice effect, therefore it is often encountered that victims do not know the full extent of the rights they should have obtained, this condition makes it limited to law enforcement that is applied but far from being fair to victims.

Criminal Law Study on the Effectiveness of Prison Criminal in the Settlement of General Criminal Actions Related to the Indonesian Criminal Justice System

The effectiveness and negative consequences of imprisonment have led to a new wave of penal policies, namely the tendency to avoid or limit the use of imprisonment and to improve the implementation of imprisonment. In other words, the study of criminal law on alternative crimes is intended for crimes that are classified as minor and one of the considerations is to address prison overcapacity. The problem of overcapacity of prisons is related to the judicial process of criminal cases, especially general crimes that are classified as light, because the criminal system itself causes problems due to the frequent imposition of prison sentences resulting in overcapacity of prisons. The purpose of this study is to identify and analyze criminal law studies on imprisonment in the settlement of general crimes, as well as to determine and analyze the effectiveness of imprisonment in the Indonesian justice system. This study uses normative juridical research, secondary data sources, and is analyzed qualitatively.

Analisis Yuridis terhadap Peranan Kepolisian dalam Sistem Peradilan Pidana di Indonesia

Abstract
 The police are one of the law enforcers who have a very important role in the criminal justice system in Indonesia. The role and influence of the police in the criminal justice system will be reviewed from the investigation stage to the investigation, which will then be transferred to the prosecutor's office. The Police and the Prosecutor's Office as the two pillars of law enforcement in the function of investigation and prosecution in addition to Correctional Institutions as executors of crimes under the control of the Government's power. The police can be said to be the initial pillar in the course of a criminal justice system, because the police process is the initial stage of the criminal justice system. This type of research is normative legal research with a case approach, legislation, and analysis. This research will examine the position and important role of the police in the criminal justice system in Indonesia.

Analysis of Diversion Arrangements in the Beijing Rules and the Juvenile Criminal Justice System in Indonesia

Diversion is very important to pay attention to in handling children of delinquent perpetrators, because it can prevent children from the stigmatization process that usually occurs in the process of criminalizing children through the juvenile justice system. In terms of protecting the best interests of children, diversion arrangements can be found in several international legal instruments such as The Beijing Rules, and in national legal instruments such as the Juvenile Criminal Justice System Act. The purpose of this study is to examine the diversion arrangements in The Beijing Rules and their arrangements in the Law on the Juvenile Criminal Justice System in Indonesia, then to examine these two arrangements. The research method used is normative legal research using statutory, conceptual, and comparative approaches. The results of the study show that the purpose of diversion in The Beijing Rules is not fully seen in the Law on the Juvenile Criminal Justice System. Because even though the provisions for diversion have been regulated, the existence of space that diversion can be pursued at the stages of investigation, prosecution and examination at trial has resulted in cases still being included in the juvenile justice system by giving a stronger stigma to children who are in conflict with the law.

Peranan Advokat Dalam Sistem Peradilan Pidana di Indonesia

riminal justice is a system created to deal with crime problems that can disturb order and threaten people's sense of security, is one of the community's efforts to control crime so that it is within acceptable limits of tolerance. In the criminal justice system in Indonesia, it is known that there are four institutions that play a role, namely the police which act as an investigative and investigative agency, the prosecutor's office which acts as an institution that carries out prosecutions, the Supreme Court as an institution that oversees judges in the court environment, and Correctional Institutions. The existence of Advocates as law enforcers has been regulated in Article 5 of the Law of the Republic of Indonesia Number 18 of 2003 concerning Advocates. However, regarding the actual form and place of the Advocate's role as law enforcer, it is still unclear, especially in its role as a supporting component for the realization of an integrated criminal justice system, as a result, criminal law enforcement in Indonesia has not been optimal. This research uses normative legal research methods or literature studies, namely by analyzing UU.RI. No. 18 of 2003 concerning Advocates and UU.RI No. 8 of 1981 concerning Criminal Procedure Code (KUHAP), as well as other laws and regulations and library materials related to the role of Advocates to answer problems. The results of the study show that in terms of form and place, there are 2 (two) roles of advocates as law enforcers, namely (1) the role of advocates in the form of legal assistance to perpetrators based on Article 54 of the Criminal Procedure Code, (2) the role of advocates in the form of legal assistance to victims who regulated outside the Criminal Procedure Code. It is hoped that this will serve as input for law enforcers in upholding law and justice in Indonesia.
 Keywords: advocate, criminal justice
 
 
 

Kedudukan Advokat Guna Membantu Lembaga Penegak Hukum Dalam Pelaksanaan Hukum Pidana di Indonesia


 The position of an advocate is written in the Law of the Republic of Indonesia Number 18 of 2003. An advocate is a profession that is well known in the field of law. However, the existence of Article 5 paragraph 1 (one) does not yet provide an explanation of the form of meaning as a law enforcer. Particularly in the role of elements in law enforcement in the criminal justice system in Indonesia, the method used in this research is the normative juridical method which aims to explore and study various laws and regulations, discuss the position of an advocate and know the responsibilities of an advocate in assist law enforcement agencies in the implementation of criminal law in Indonesia. Data analysis in this study was carried out using descriptive qualitative. Based on the research, it was concluded that the role of lawyers in the Indonesian criminal justice system: The role of advocates in the Indonesian legal system is recognized as the police is the same as other law enforcement professions such as police, prosecutors and judges according to Law Number 18 of 2003 concerning Law, therefore it is expected to practice law in a position equal to upholding the law and based on professionalism. About justice and upholding the truth. The duties, obligations, attitudes and responsibilities of an advocate as a police officer are all contained in the code of ethics of the legal profession which forms the basis of his practice.
 Keyword: Position, advocate, criminal law

Law Reform in the Juvenile Criminal Justice System in Indonesia

Law Reform in the Juvenile Criminal Justice System in Indonesia

Shifting the Paradigm of the Indonesian Judicial System from The Influence of the Anglo-Saxon Judicial System

The litigation process in court will run well if all the elements are carried out following their duties and functions. In addition, what is very important is the judicial system that applies. The objectives of this research are 1). To find out and analyze the paradigm of how judges think in the Indonesian justice system, which adheres to the Continental European justice system. 2). To find out and analyze the development of the Indonesian justice system, especially how judges think, which is currently influenced by the Anglo-Saxon system. This research method is normative, namely legal research that aims to find rules or norms. This research is also called library research. Results of discussion 1). that the paradigm of the way of thinking of judges in the Indonesian justice system, which adheres to the Continental European justice system, is more inclined to use statutory regulations as the basis for deciding cases. The principle adopted is the persuasive force precedent. 2). The development of the Indonesian justice system, especially the way of thinking of judges, is currently experiencing a shift, namely that it is no longer pure with the Continental European justice system but is starting to introduce what is the practice in the Anglo-Saxon justice system, for example, the practice of class action lawsuits which have been regulated in environmental laws.

A Restorative Justice System in Indonesia: A Close View from the Indigenous Peoples’ Practices

The Indonesiancrime rate until May 2020 increased due to public orders and crime disturbances in the last 22 weeks.Data from correctional institutions in February 2021 showed that some regional offices were over capacity while others were normal. The 1945 IndonesianConstitution recognises traditional institutions in the criminal justice system and requires judges to consider legal values and a sense of justice in society. This study aims to determine Indonesia's customary criminal justice system as a form of restorative justice. This research used a socio-legal approach and found that public participation in Indonesia, through customary groups, can help prevent crime and solve problems through discussion and following applicable customary law processes. As a result, Indonesian researchers have regulated and recognised customary justice's existence and implemented it to deal with cases in their environment. Restorative justice is a criminal mechanism that aims to restore the relationship of the conflicting parties to the state before the conflict and is carried out informally. This concept is also an acknowledgement of oriental legal philosophy which, in resolving any conflict, always seeks to restore relations; macro stability or society can even affect the stability of the universe. The practice of Restorative Justice occurs in customary law. As a legal philosophy, the legal policy of implementing Restorative justice should be interpreted mainly as revitalising customary law if conflicts occur between fellow supporters of the same customary law. The settlement of cases in the Baduy community is straightforward. The settlement prioritises forgiving each other. Restorative justice is performed by combining criminal justice mechanisms with public participation in a discussion mediation.

Application of the Dominus litis Principle in Enforcement of Administrative Law as a Military Prosecutor in order to Achieve Legal Certainty in Settlement of Cases in the Military Judiciary Environment

Military prosecutors are functional officials within the Indonesian National Armed Forces who are given authority in the process of prosecution and investigation on behalf of the public, government and the state in an effort to achieve legal certainty. However, it is not uncommon to find military prosecutors who face legal problems with Case Submitting Officers (Papera). The purpose of this study is to analyze the existence of military prosecutors in the military justice system in Indonesia, and to identify the capacity of the dominus litis principle in realizing the independence and professionalism of military prosecutors. The method used in this study is a normative method through literature analysis on secondary data in the form of legal materials. The approach used is a historical, statutory, and conceptual approach, which is outlined through descriptive analysis. The results of this study indicate that; (1) efforts are needed to strengthen the existence of the prosecutor as the owner of the dominus litis principle in carrying out prosecutions within the military court environment; and (2) the principle of dominus litis strengthens the professionalism and independence of military prosecutors in the prosecution process, so as to produce optimal legal certainty.

Penegakan Hukum Melalui Penerapan Restorative Justice dalam Sistem Peradilan Anak di Indonesia

Restorative justice which is the implementation of the concept of diversion has been formulated in the juvenile justice system, but a good system must be accompanied by an attitude which is imbued with the will to perceive and believe that this world is always getting better. Children are the nation's next generation and therefore their existence mustabe protected by the state. Itais also necessary legal infrastructure to anticipate any problems that arise. Departing from the above thought, it is related to the writing in this paper that will discuss about the application of restorativeajustice in the juvenile justice system in Indonesia. The results of this normative juridical study show that Restorative justice is the goal of implementing diversion to resolve child criminal cases in Indonesia.

Juridical Review of Legal Protection of Children from Violence Based on Law Number 35 of 2014 concerning Child Protection (Case Study in Purwokerto)

Diversity and Justice Justice is a norm in the Criminal Justice System in Indonesia, as stipulated in Law Number 2012 concerning the Juvenile Justice System. The latest Law Number 11 of 2012 cannot be separated from the UN Resolution Number concerning the Convention on Rights which was ratified by the Government on January 26, 1990 in Presidential Decree Number 36 of 1990. The Convention on the Rights of the Child of the Republic of Indonesia is the basis for consideration for the formation of Law Number 11 of 1990. 2012 concerning the Juvenile Criminal Justice System. This study aims to look at the development of crimes against children in Indonesia. First, it will take a closer look at the importance of protecting children in families, schools and the environment from violence and crime. Second, it will evaluate the extent to which the criminal justice system can provide protection for children as victims of violence and crime. Third, look at the state's responsibility in imposing sanctions through the criminal justice system. The method used in this research is juridical-normative by collecting secondary data related to laws and regulations and materials obtained from books, journals, and other relevant materials. Observations show that many children are victims of violence. The victims are basically everywhere, not only at home, but also at school. Violence in schools is not only physical violence, but also psychological. The responsibility for protecting, educating and developing children lies with the environment, the family and the school. The function of criminal law to combat crimes against children Rights are a major factor in the success of the juvenile justice system.