Justice In Indonesia Research Articles

Termination of Prosecution Based on Restorative Justice in Indonesia it is Associated with the Renewal Criminal Law

Criminal acts arise from various aspects of human activity, including the political, social and economic spheres. The success of law enforcement is traditionally measured by the ability to bring criminals to justice and impose appropriate penalties. However, in certain minor cases, such as theft, embezzlement, and fraud with minimal losses, the public questions the need for prosecution, as they believe that prosecution does not match the seriousness of the offense. The purpose of this study is to analyze the implications and effectiveness of prosecution discontinuation based on restorative justice in the Indonesian legal framework. Using a qualitative research approach, this study examines the regulatory structure and practical application of restorative justice in Indonesia. Data was collected through document analysis and interviews with legal practitioners to explore alignment of regulations with legal principles and community expectations. The research findings show that, although restorative justice offers a viable avenue to achieve peace between offenders and victims, its implementation in Indonesia is still limited, as it is not yet embedded in the broader criminal law system. Currently, peace agreements between the parties are only considered as a mitigating factor in the sentencing process. This research suggests that stronger legal legitimacy for restorative justice, such as the inclusion of restorative justice into the Draft Criminal Procedure Code is essential to adapt to the evolving legal culture and public expectations. The implications of this research highlight the need for comprehensive criminal law reform to ensure justice that aligns with societal values and contemporary legal standards.

The Theory of Fairness with Integrity in Indonesia’s Electoral Justice System

This paper describes the concept of a fairness theory of justice with integrity applied in elections in Indonesia, drawing on the transformation of John Rawls' fairness theory. This theory is employed to examine various components of the electoral legal framework, focusing on the technical implementation of elections and the resolution of electoral disputes to achieve electoral justice in Indonesia. The research utilizes normative legal methodology, characterized by dogmatic legal analysis and theoretical-rational reasoning, employing a logical-deductive approach. It constructs the facts of electoral justice through an extensive review of legal literature and relevant data sources concerning the electoral process in Indonesia. The study addresses electoral practices as instruments of popular sovereignty, highlighting dissatisfaction among stakeholders regarding the election process. The theoretical variables associated with fairness with integrity are critically analyzed for their applicability in fostering electoral justice in Indonesia, emphasizing that a fundamental aim of electoral law enforcement is to ensure the realization of electoral justice.

Resolution of Agrarian Conflicts on Plantation Land through Restorative Justice in Indonesia

Resolution of Agrarian Conflicts on Plantation Land through Restorative Justice in Indonesia

Collocation of restorative justice with human rights in Indonesia

Applying restorative justice in Indonesia is beset by obstacles like a lack of knowledge, inadequate infrastructure, and opposition from law enforcement, especially when human rights considerations are incorporated into the process. For this reason, the relationship between these two elements is worth examining. This paper explores and analyses the integration or synthesis of restorative justice with human rights in Indonesia. This paper employs a normative approach with prescriptive analysis based on studies of legislation and cases that integrate the principles of restorative justice with human rights. The findings indicate that collocation helps understand how grammatical structures can reflect and influence the interpretation of restorative justice in human rights, particularly in legal texts and policy reports. In Indonesia, restorative justice can be used in conjunction with the enforcement of human rights laws, particularly when addressing grave human rights breaches, since it emphasizes balanced reconciliation, recovery, and reintegration between offenders, victims, and society. In conclusion, although it has several implementation and legal issues, restorative justice can be an alternate strategy for resolving grave human rights breaches. The recommendations are for a stronger and more comprehensive legal framework to support the implementation of restorative justice in Indonesia's human rights context.

The Contestation of Legal Foundations in the Resolution of Islamic Economic Disputes in Religious Courts

Prior to the issuance of Supreme Court Regulation No. 2 of 2008, judges in Sharia economic dispute cases primarily relied on legal sources from kutub al-turāṡ (classical fiqh texts), including those pertaining to fiqh al-qadā’ (jurisprudence on adjudication). However, following the implementation of this regulation, some judges have continued to incorporate the Civil Code in their legal reasoning. This article seeks to examine the legal framework for resolving Sharia economic disputes in Indonesia. The theoretical foundation applied by the author is Lawrence Meir Friedman’s legal system theory. This study employs a normative legal approach to explore the legal system governing Sharia economic justice in Indonesia’s Religious Courts. It examines decisions from the Religious Courts in Purbalingga, Banyumas, and Purwokerto, focusing on rulings made both before and after the issuance of the Supreme Court Regulation on the Compilation of Sharia Economic Law (KHES), as well as five decisions from 2018-2019. The study’s findings reveal that the legal framework for Sharia economic dispute resolution in Indonesia has adequately addressed community needs, with the Religious Courts holding exclusive jurisdiction over these matters. However, there is an ongoing contestation between Islamic legal sources and civil law, which is rooted in Dutch law, in the decisions analyzed. Moreover, the absence of a Compilation of Islamic Economic Procedure Law based on Islamic Law has contributed to the suboptimal implementation of legal substance and culture. As a result, according to Friedman’s legal system theory, the legal framework for resolving Islamic economic disputes has not yet functioned effectively from the perspective of Islamic law.

The Core of Restorative Justice in Indonesia's 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.

The Involvement of The New Men's Alliance Movement in Realizing Gender Equality and Justice

Gender-based social movements in Indonesia emerged very late compared to countries in the Americas, Europe, and Australia. The New Men’s Alliance (Aliansi Laki-Laki Baru or ALB) is a gender-based social movement in Indonesia whose members are mostly men. The emergence of the New Men’s Alliance is a significant step in promoting gender equality and justice. This research aimed to identify the involvement of new men’s alliances through in-depth interviews with key ALB members and analysis of documents relevant to the research. Data were analyzed using Spardley analysis, which divided data into analysis and taxonomy domains. The research results showed that ALB actors have an important role in the formation of ALB, including other individuals, gender activists, scientists, and community members who are concerned about gender issues. Actor involvement was seen in various stages, such as conceptualizing the name of ALB, acting as an intermediary with other stakeholders, conducting online discussions through websites and social media platforms, and formulating a code of ethics when introducing it to other organizations. ALB organizes campaigns, seminars, and workshops to increase men’s awareness of gender issues while collaborating with women and feminist groups. ALB advocates for policy change by amplifying the voices of male advocates for gender equality in policy forums. ALB can influence normative and legal transformations that uphold gender justice. Overall, ALB has shown to be an important force in upholding gender equity and justice in Indonesia. By involving multiple stakeholders, gaining support from partner organizations, and implementing effective strategies, ALB makes an invaluable contribution to driving positive social transformation. Keywords: Involvement; New Men’s Alliance; Gender Equality; Gender Justice

Normative Justice and Implementation Related to Sharia Economic Law Disputes in Realizing Legal Certainty and Justice in Indonesia

Academic problems stem from the results of sharia economic dispute decisions issued by the Surabaya High Religious Court (PTA) which do not fulfill the elements of certainty and justice, both at the normative (book in law) and implementation (law in action) legal levels. The losing parties can only file objections for simple cases and submit an appeal. So this is contrary to the principle of contante justice (speedy trial) in court. So the aim of this research is to analyze this. The method used in this research is normative juridical. The theories used in this research include the theory of legal certainty and justice, sulh theory, and the theory of judicial power. The research results prove that in order for the Surabaya High Religious Court (PTA) to be able to apply the principle of contante justitie (speedy trial) effectively, especially in deciding cases of sharia economic disputes, judges at the Surabaya PTA must be based on the basic principles of Islamic sharia, namely maqasid al-syariah In deciding the case, it includes: 1) not making things difficult ('adam al-haraj), 2) not reducing the burden (taqlil al-taklif), 3) Equality and Justice (al-Musawah wa al-Adalah).

Criminal Acts Against the Judicial Process (Contempt of Court) According to the New Criminal Code about the Right to Immunity of Advocates in Court

The birth of the new Criminal Code brought nuances of renewal in the world of justice in Indonesia. However, it also caused upheaval and differences of opinion regarding regulating several aspects of criminal law, including regulating Criminal Acts Against the Judicial Process (Contempt of Court). The regulation of Contempt of Court actions in the new Criminal Code raises pros and cons in society, including advocates who often intersect with the judicial world. The existence of several articles regulating multi-interpretive contempt of court actions is considered to threaten the existence of the Advocate's Right to Immunity in Court. This study aims to analyze the regulation of the Contempt of Court criminal acts regarding the right to immunity of advocates in Court. The research method used is normative legal research using an analytical descriptive approach. This study found that the articles of Contempt of Court in the new Criminal Code, which are multi-interpretive, can limit the space for advocates to express opinions and defend themselves before the court. If these articles are not interpreted properly and correctly, they can become a medium for criminalization by specific individuals against advocates in court.

Membangun Sistem Hukum Pancasila Yang Merdeka Dari Korupsi Dan Menjunjung Hak Asasi Manusia (Ham)

Developing a legal system based on Pancasila that is free from corruption and upholds human rights (HAM) is an important challenge in strengthening the foundations of democracy and justice in Indonesia. A legal system based on Pancasila values ​​must be able to provide fair and equitable protection for all citizens in the country, while maintaining independence from corrupt practices that damage and affect the integrity of legal institutions. On the other hand, upholding Human Rights (HAM) must also be a top priority in efforts to ensure justice and dignity for every individual. In achieving these goals, concrete steps need to be taken. Firstly, in-depth legal reform is needed to align legal regulations with Pancasila values, strengthen the independence of law enforcement institutions, and increase transparency and accountability in the justice system. Second, eradicating corruption must be the main focus, by implementing very strong anti-corruption policies, strengthening law enforcement institutions, and encouraging active community participation in monitoring and preventing corruption. In addition, the government's efforts to protect Human Rights (HAM) must be increased through strict law enforcement against human rights violations, strengthening institutions for the protection of Human Rights (HAM), and increasing public awareness about human rights. This is important to ensure that every individual has equal access to justice and legal protection, without discrimination or oppression.

Abuse of Circumstances as a Reason for Cancellation of Agreement in the Indonesian Legal System

This research aims to find out the development of the doctrine of abuse of circumstances as a reason for canceling an agreement in the Indonesian Legal System. The proposed problem formulation contains: How is the development of the doctrine of abuse of circumstances in the Civil Law Legal System, especially Indonesia? and how is the consideration of judges in Indonesia in giving court decisions related to the doctrine of abuse of circumstances? This research includes normative legal research, with data collected based on written regulations and expert opinions. The results of this study indicate that the development of the doctrine of abuse of circumstances has been recognized in the Netherlands which adheres to the Civil Law System in the form of legislation, while Indonesia only recognizes this doctrine as limited to court decisions or has not been adapted in the form of legislation. Nevertheless, some judges in deciding civil cases in Indonesia recognize and use the doctrine of abuse of circumstances as a reason for canceling agreements in several civil cases. This shows a dilemma in the enforcement of justice in Indonesia, especially in the context of civil law considering that Indonesia adheres to the Civil Law System so that the main reference for judges in deciding cases is the law. In this case, the doctrine of abuse of circumstances has not been regulated in written civil law in Indonesia.

The Regulation of Legal Protection for Poor Communities Toward Justice in Indonesia and the Netherlands

Poor people often have difficulty accessing legal aid in court. In the criminal, civil, and state administrative justice systems, providing legal assistance to the poor is essential for achieving justice. This research aims to illustrate how legal aid, provided by advocates, can transform the reality of justice for impoverished individuals. This study uses normative legal research, providing a descriptive account through a legal framework encompassing legal aid, the judiciary, judicial authority, and advocates. The research also uses a conceptual approach to human rights and justice, aiming to establish an ideal model of legal protection for people experiencing poverty. The research results demonstrate that providing legal assistance to people experiencing poverty not only shields the community from arbitrary actions by the authorities that violate the law but also fosters order and peace, ensuring the community receives justice. However, in Indonesia, establishing criteria for the impoverished remains challenging; structurally, the institutional budget is insufficient; culturally, the impoverished often harbor misconceptions and skepticism about the quality and affordability of legal aid. Meanwhile, in the Netherlands, providing legal protection is carried out through legal assistance, with the consideration of offering toevoeging and consideration of legal assistance based on people's salaries. Based on the number of cases for which assistance is provided, the results and public awareness are much better, although not optimal. The concept of providing legal aid must also be directed towards a responsive and structural type, combined with the concept of access to law and justice. Budgetary policies or rules must be regulated concretely and balanced from the individual validation stage, selecting the type of service and appointing a lawyer for evaluation.

Moral Values and Progressive Judgess Position in Law Enforcement in the Indonesian Judicial System

Morals and the legal system in Indonesia correlate with forming laws in Legislative Regulations (legislators) and should make Pancasila values fundamental values or the source of all sources of law, bringing consequences for the makers of Legislative Regulations to become guides and guidelines in conducting legislative function. Ironically, the legislators show paradigmatic problems and a crisis of ethical awareness in the formation and enforcement of laws in Indonesia. This article examines the position of moral and progressive judges in the administration of justice in Indonesia. So what emerges is legal development and law enforcement that is stagnant, centralized, corruptive, very far from divine and humanist values, and far from achieving social justice, so that it will give birth to decisions that are effective and based on law in society and have social justice because law for humans, not humans for law and realizing substantive justice. In the practice of the judicial system, many judges decide cases progressively. It can be seen in the addition of Angelina Sondakh's sentence by Judge Artidjo Alkostar at the cassation level.

Connectivity Case a Juridical Review of the Handling Process before and After the Establishment of the Attorney General in the Military Criminal Field

This Indonesia is a country with a large and diverse population, consisting of many islands and a multitude of cultures and customs. The people of this nation live and operate according to existing norms and regulations, coexisting within their midst, which upholds a high regard for a legal system governing societal order. This is why Indonesia can be referred to as a legal state (rechtsstaat), a notion further solidified by Article 1 paragraph (3) of the 1945 Constitution, which declares Indonesia as a legal state.There are four systems of justice in Indonesia: general courts, religious courts, military courts, and administrative courts. These systems stand independently, separate from one another, each with its own functions and absolute authority in carrying out its duties. Thus, each system possesses jurisdiction that cannot be interfered with by other judicial systems. However, despite Indonesia's respect for the law, there are also many Indonesians who violate and disregard the laws in place, acting arbitrarily and without adherence to regulations and existing laws. This is evidenced by the numerous cases that occur, with perpetrators not only being ordinary citizens but sometimes also engaging in criminal acts alongside military personnel, commonly known as the TNI or the Indonesian National Armed Forces. The fact that TNI members exist and live among the civilian population, with their special status, combined with the drive to improve their standard of living or economic motives, leads many of them to engage in criminal activities with civilians, whether as perpetrators, accomplices, or assistants. In several cases involving both TNI members and civilians, they encounter difficulties in their handling. In connection with the above, to enhance the effectiveness of handling connectivity cases (involving perpetrators from both the TNI and civilians), a special institution/organization was established within the Indonesian Attorney General's Office, namely the Deputy Attorney General for Military Crime Affairs.

The Legal Politics of Restorative Justice in Indonesia

<em>Restorative Justice needs to be implemented immediately in Indonesia. Law Number 1 of 2023, which is expected to be an oasis, does not regulate this matter optimally. This article will discuss the ideal form of regulation for implementing restorative Justice in Indonesia. Implementing restorative Justice will include more than procedural or formal law. More than that, restorative Justice must cover all aspects of criminal law enforcement. It starts from material criminal law, procedural law, litigation dispute resolution, and non-litigation case resolution. This article will use normative juridical research methods and conceptual and statutory approaches. One of the important findings in this article is the absolute need for a paradigm shift in the enforcement and regulation of criminal law. From the initial nuance of retribution to a more nuanced recovery approach (restorative). Then therapeutic justice regulation must also be included in material criminal law regulation. So, it can be used as a guide for law enforcement officials in finding substantive Justice.</em>

Meritocracy, the Reproduction of Inequality, and the Academic Scandal in Indonesia: Philosophical Perspective of Michael Sandel

The practice of academic cheating is one of the biggest scandals in the educational process at various universities throughout Indonesia. This study aims to elaborate on the issue from Michael Sandel's philosophical criticism of the tyranny of meritocracy and the reproduction ofeducational inequality. The research uses the literature review research method, which is carried out by identifying, analyzing, and interpreting Sandel's works critically, especially his book, The Tyranny of Merit: What Becomes the Common Good? The results of this study indicate that academic cheating in university is not only the result of personal academic incompetence or degradation of personal moral integrity but mainly the result of the educational system and paradigm that exalts and adores meritocracy. Under the tyranny of meritocracy, the academicians concentrate on pursuing academic titles and individual pride rather than being an organic and humanistic intellectual. It can be concluded that under meritocracy, the education system fails to implement its humanistic and liberating role and instead reproduces the new social inequality and oppression. This research has implications for the revitalization of education’s role as an agent of liberation, equality, and justice in Indonesia.

Juridical Analysis of Constitutional Court Decision Number 20/PUU-XXI/2023 Concerning Judicial Review by the Prosecutor's Office in Criminal Cases in Indonesia

In the practice of criminal justice in Indonesia, judicial review efforts are an interesting problem to study because, in the development phase, there is a tug-of-war of interests between the defendant or his heirs and the public prosecutor. The presence of Constitutional Court Decision Number 20/PUU-XXI/2023 ends the debate and legal uncertainty for justice seekers. In this research, the author used a normative juridical approach. The approaches used were the Law approach, Case Approach, and Conceptual Approach. There are several problem formulations in this research: 1) what is the rationale for the decision of the Constitutional Court Number 20/PUU-XXI/2023?; 2) What are the arrangements for judicial review after the Constitutional Court decision Number 20/PUU-XXI/2023. Research Results of problem formulation number 1). According to the Court's consideration, requests for judicial review in criminal cases are the right of the defendant and his heirs, and the addition of the authority of the prosecutor to carry out judicial review efforts does not provide legal certainty and justice. Previously, the court in 2016 decided on a case regarding judicial review efforts, in which the court considered that the essence of a judicial review is the rights of the defendant and his heirs. 2) After the Constitutional Court Decision Number 20/PUU-XXI/2023, the public prosecutor cannot submit a judicial review effort in a criminal case; legally, when the prosecutor makes a judicial review effort in a criminal case, it is invalid/abash. With the decision of the Constitutional Court number 20/PUU-XXI/2023, it is reaffirmed that only the defendant and his heirs can submit a judicial review effort.

Enhancing Legal Certainty Through Restorative Justice: A Focus on the Role of Indonesia’s Attorney General’s Office

Restorative justice holds promise as an alternative to punitive approaches in the juvenile justice system, offering effective means of addressing criminal actions while promoting accountability and reconciliation. This paper explores the implementation of restorative justice in Indonesia’s legal landscape, examining its potential benefits, challenges, and regulatory frameworks. Through a normative juridical approach and qualitative analysis of legal documents and literature, the study underscores the importance of enhancing understanding and skills among law enforcement agencies, particularly the Attorney General's Office, in effectively applying restorative justice principles. By upholding values of justice, decency, and morality, the Attorney General's Office can play a pivotal role in fostering a more humane and efficient criminal justice system that serves the interests of society as a whole.

Political Dynamics in the Selection of Judges of the Constitutional Court of Indonesia: A Critical Analysis of Integrity and Independence

This study aims to examine the influence of political dynamics on the selection process of Constitutional Court (MK) judges in Indonesia and its implications for the integrity and independence of the institution. The research method used is the normative juridical method with reference to Law No. 24/2003 on the Constitutional Court as amended by Law No. 7/2020. Analysis was conducted on relevant regulations and legal documents through literature studies and interviews with legal experts. The results show that in the selection of Constitutional Court judges, political factors often dominate over the principle of meritocracy, which threatens the principle of constitutional justice and reduces public trust in the Constitutional Court. The findings highlight the urgent need for transparency and accountability in the selection process of judges to strengthen the integrity and independence of the Constitutional Court. A transparent selection process will allow the public to understand and assess the process, while accountability will ensure that the selection of judges is based on objective criteria. The implication of this research is the need to strengthen public oversight mechanisms to maintain the Constitutional Court as a guardian of the constitution with integrity and independence. These measures are also expected to strengthen public trust and constitutional justice in Indonesia.

Child-friendly justice and children's rights from criminal cases; Islamic Law notes

This article aimed to discuss the Islamic law notes on child-friendly justice and the importance of protecting children's rights during the juvenile process. The reform of Juvenile Justice in Indonesia was based on the UN convention, where on January 26, 1990, in New York, the Indonesian Government signed the 1989 Convention on the Rights of Children. Thus, to protect children through criminal law, paying attention to the principles in the Convention on the Rights of the Child has been the norm. The Child Protection Law in Indonesia has regulated the age limit for a child who can be held accountable. The existence of provisions regarding the minimum age limit for children in the law is what is required by international documents, especially regarding the minimum age of criminal responsibility, namely at least 12 years. Such provisions are parallel to The Beijing Rules, which recommend an age limit that is not too low. The problem is the provision of the law that children under 12 years (meaning between 8-12 years) can still be processed for trial and can be subject to action. Even at the age of 8 years, it is still possible to process. The problem is whether the eight-year age limit needs to be higher. Even though they were not punished and were only subject to action, the experience during the process of being submitted to trial did not bring stigma and negative impacts for children of young age. Based on Islamic law notes, this article found that child-friendly justice