Pub Date : 2022-06-01DOI: 10.15294/jils.v7i1.57385
N. Yunus
The State and Revolution is a book that was born from Lenin's life experience as the father of Russian revolutionaries. The movement that gave birth to major changes in the future of Russia and the formation of a Soviet state with Marxism-Leninism. In his book, Vladimir Lenin divides the discussion into six chapters, each of which is divided into several sub-chapters. The method of writing the book uses a descriptive analysis pattern with a contextual approach. In fact, this book has a positive contribution to anti-bourgeois supporters, because of its ideas against bourgeoisie and Western capitalism. But this book is a negative ghost, for lovers of freedom and democracy. Because the true teachings of Leninism require authoritarianism and the absence of freedom for its citizens.
{"title":"Controversial Ideas about the State and Revolution, A Book Review “The State And Revolution” Vladimir Ilyich Lenin, Haymarket Books Chicago, 2014, 210 Pages, ISBN: 978-1-60846-498-2","authors":"N. Yunus","doi":"10.15294/jils.v7i1.57385","DOIUrl":"https://doi.org/10.15294/jils.v7i1.57385","url":null,"abstract":"The State and Revolution is a book that was born from Lenin's life experience as the father of Russian revolutionaries. The movement that gave birth to major changes in the future of Russia and the formation of a Soviet state with Marxism-Leninism. In his book, Vladimir Lenin divides the discussion into six chapters, each of which is divided into several sub-chapters. The method of writing the book uses a descriptive analysis pattern with a contextual approach. In fact, this book has a positive contribution to anti-bourgeois supporters, because of its ideas against bourgeoisie and Western capitalism. But this book is a negative ghost, for lovers of freedom and democracy. Because the true teachings of Leninism require authoritarianism and the absence of freedom for its citizens.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"91 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84063056","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-01DOI: 10.15294/jils.v7i1.54776
Tonye Clinton Jaja, Z. Aditya
In the 21st century new world order, there is growing interest more than ever before in issues related to democracy and good governance around the world. This is a reflection of the increasing acceptance of the fact that democracy and good governance are not a luxury, but a fundamental requirement to achieve sustainable development. Parliament as of the key state institutions in a democratic system of governance have a critical role to play in promoting democracy and good governance. As the democratically elected representatives of the people, parliaments have the honourable task to ensure good government by the people and for the people. In the performance of their key functions of legislation, representation and oversight, parliaments encounter challenges that negatively affect their efforts in promoting democracy and good governance. The paper attempts to discuss the concept of parliamentary governance and the contribution of the parliament in consolidating democracy in Indonesia and Africa. This includes examining how parliaments respond to the growing public pressure for greater involvement, information, accountability and better service delivery to the citizens and the limitation of term offices ans one of the accountability processes. The paper argues that parliamentary governance is the basic parameter in assessing the progress of democracy in a country and concludes that lack of it is the source of poor governance with the attendant political, economic and social problems in a state.
{"title":"Promoting the Good Governance by Advancing the Role of Parliamentarians and the Term Offices Limitation (Comparing Nigeria and Indonesia)","authors":"Tonye Clinton Jaja, Z. Aditya","doi":"10.15294/jils.v7i1.54776","DOIUrl":"https://doi.org/10.15294/jils.v7i1.54776","url":null,"abstract":"In the 21st century new world order, there is growing interest more than ever before in issues related to democracy and good governance around the world. This is a reflection of the increasing acceptance of the fact that democracy and good governance are not a luxury, but a fundamental requirement to achieve sustainable development. Parliament as of the key state institutions in a democratic system of governance have a critical role to play in promoting democracy and good governance. As the democratically elected representatives of the people, parliaments have the honourable task to ensure good government by the people and for the people. In the performance of their key functions of legislation, representation and oversight, parliaments encounter challenges that negatively affect their efforts in promoting democracy and good governance. The paper attempts to discuss the concept of parliamentary governance and the contribution of the parliament in consolidating democracy in Indonesia and Africa. This includes examining how parliaments respond to the growing public pressure for greater involvement, information, accountability and better service delivery to the citizens and the limitation of term offices ans one of the accountability processes. The paper argues that parliamentary governance is the basic parameter in assessing the progress of democracy in a country and concludes that lack of it is the source of poor governance with the attendant political, economic and social problems in a state.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75195926","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-01DOI: 10.15294/jils.v7i1.54819
Mahrus Ali, Rofi Wahanisa, J. Barkhuizen, Papontee Teeraphan
This paper aims to explores the provision of aggravating criminal sanction that protects environment in environmental legislation. By focusing on the four laws as its primary data source, this study employed doctrinal legal research. The results showed that the weight accorded to criminal sanctions in environmental legislation, has varied. The PPLH Law provides for the amplification of criminal threats directed at corporations by adding 1/3 (one-third) of the criminal sentence. Only companies are subject to the penalty aggravation provisions of the Mining Law, and they are only imposed with one-third of the maximum criminal provision of fines. In the PPPH Law, the imposition of criminal threats weight is simply related to the quantity component. If the culprit is a corporation or official, the criminal sanction aggravation is increased by one-third. In Plantation Law, if the offender is a corporate or a government official, then the criminal punishment is intensified. The environment is protected through acts prohibited by environmental legislation, but the criminal threat weight is not directed toward environmental preservation. Existing penalty aggravations are confined to only two types of criminal penalties: jail and fines, both of which have no direct connection to environmental protection. As a result, weighting criminal sanctions refers to the changing quality and quantity issues in order to safeguard the environment. The transition from criminal sanction to treatment, or from one type of treatment to another, was the focus of quality considerations, while the twofold criminal fine system was the focus of quantity element.
{"title":"Protecting Environment through Criminal Sanction Aggravation","authors":"Mahrus Ali, Rofi Wahanisa, J. Barkhuizen, Papontee Teeraphan","doi":"10.15294/jils.v7i1.54819","DOIUrl":"https://doi.org/10.15294/jils.v7i1.54819","url":null,"abstract":"This paper aims to explores the provision of aggravating criminal sanction that protects environment in environmental legislation. By focusing on the four laws as its primary data source, this study employed doctrinal legal research. The results showed that the weight accorded to criminal sanctions in environmental legislation, has varied. The PPLH Law provides for the amplification of criminal threats directed at corporations by adding 1/3 (one-third) of the criminal sentence. Only companies are subject to the penalty aggravation provisions of the Mining Law, and they are only imposed with one-third of the maximum criminal provision of fines. In the PPPH Law, the imposition of criminal threats weight is simply related to the quantity component. If the culprit is a corporation or official, the criminal sanction aggravation is increased by one-third. In Plantation Law, if the offender is a corporate or a government official, then the criminal punishment is intensified. The environment is protected through acts prohibited by environmental legislation, but the criminal threat weight is not directed toward environmental preservation. Existing penalty aggravations are confined to only two types of criminal penalties: jail and fines, both of which have no direct connection to environmental protection. As a result, weighting criminal sanctions refers to the changing quality and quantity issues in order to safeguard the environment. The transition from criminal sanction to treatment, or from one type of treatment to another, was the focus of quality considerations, while the twofold criminal fine system was the focus of quantity element.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88678320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-01DOI: 10.15294/jils.v7i1.54534
M. S. E. Wangga, Dian Adriawan Dg. Tawang, Ahmad Sabirin, Andrés Herrera Esquivel
This research addresses the questions on, among other things, criminal liability of political parties from the perspective of the Law on the Prevention and Eradication of Criminal Acts of Money Laundering and the models of criminal liability of political parties with respect to criminal acts of money laundering. The juridical-normative research method used shows that political parties have met the criteria as corporations, being groups of people or assets to which the corporate criminal liability system applies. The fault of a political party in criminal acts of money laundering can be viewed through the actions of its administrators being a systemically integral part of the party as they have been given the roles by the party for the benefit of the party. The first conclusion is that a political party can be held criminally liable for criminal acts of money laundering. Secondly, the models of criminal liability of a political party in criminal acts of money laundering comprise (1) the model of criminal liability under Law No. 8 of 2010 concerning the Prevention and Eradication of Criminal Acts of Money Laundering. (2) Administrative model guided by the principle of systematiche specialiteit and the method of economic analysis of law approach through the Political Party Law. (3) Restorative justice model in the form of dual track system. This model is the alternative companion to the penal justice system, namely the criminal model and administrative model.
{"title":"Criminal Liability of Political Parties from the Perspective of Anti-Money Laundering Act","authors":"M. S. E. Wangga, Dian Adriawan Dg. Tawang, Ahmad Sabirin, Andrés Herrera Esquivel","doi":"10.15294/jils.v7i1.54534","DOIUrl":"https://doi.org/10.15294/jils.v7i1.54534","url":null,"abstract":"This research addresses the questions on, among other things, criminal liability of political parties from the perspective of the Law on the Prevention and Eradication of Criminal Acts of Money Laundering and the models of criminal liability of political parties with respect to criminal acts of money laundering. The juridical-normative research method used shows that political parties have met the criteria as corporations, being groups of people or assets to which the corporate criminal liability system applies. The fault of a political party in criminal acts of money laundering can be viewed through the actions of its administrators being a systemically integral part of the party as they have been given the roles by the party for the benefit of the party. The first conclusion is that a political party can be held criminally liable for criminal acts of money laundering. Secondly, the models of criminal liability of a political party in criminal acts of money laundering comprise (1) the model of criminal liability under Law No. 8 of 2010 concerning the Prevention and Eradication of Criminal Acts of Money Laundering. (2) Administrative model guided by the principle of systematiche specialiteit and the method of economic analysis of law approach through the Political Party Law. (3) Restorative justice model in the form of dual track system. This model is the alternative companion to the penal justice system, namely the criminal model and administrative model.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84153372","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-01DOI: 10.15294/jils.v7i1.55439
Rohmat Rohmat, Waspiah Waspiah, David Chuah Cee Wei
The work or products of SMEs are important for the protection of intellectual property rights. The Sarung Tenun Goyor in its production process has gone through long ideas and experiments to produce a distinctive motif and shape, but it becomes a problem whether a traditional work can be subjected to simple patent protection and instead ignores social values and the value of community justice. In addition, Malaysia also has certain protection for utility innovalition that close to simple patent protection in Indonesia. This study is intended to analyze the simple patent protection in the case of Sarung Tenun Goyor Indonesia and Malaysia Utility Innovation Protectopn. This study showed that to fulfill the novelty element, development of the existing production process could be carried out while still paying attention to the values of justice, social, and propriety. The fulfillment of Access Benefit Sharing stipulated in Law Number 13 of 2016 concerning Patents provides legal certainty of simple patent protection derived from traditional knowledge. Whereas the production process of the Sarung Tenun Goyor can be said to be a form of intellectual property and fulfills the elements as a simple patent object. The conclusion of this research is that the production process of the Sarung Tenun Goyor has not received legal protection. The Patent Law provides legal certainty for the development of the sarung tenun goyor production process by fulfilling Access Benefit Sharing (ABS).
{"title":"Simple Patent Protection: A Case of Sarung Tenun Goyor Indonesia and The Comparison to Malaysia Utility Innovation Protection","authors":"Rohmat Rohmat, Waspiah Waspiah, David Chuah Cee Wei","doi":"10.15294/jils.v7i1.55439","DOIUrl":"https://doi.org/10.15294/jils.v7i1.55439","url":null,"abstract":"The work or products of SMEs are important for the protection of intellectual property rights. The Sarung Tenun Goyor in its production process has gone through long ideas and experiments to produce a distinctive motif and shape, but it becomes a problem whether a traditional work can be subjected to simple patent protection and instead ignores social values and the value of community justice. In addition, Malaysia also has certain protection for utility innovalition that close to simple patent protection in Indonesia. This study is intended to analyze the simple patent protection in the case of Sarung Tenun Goyor Indonesia and Malaysia Utility Innovation Protectopn. This study showed that to fulfill the novelty element, development of the existing production process could be carried out while still paying attention to the values of justice, social, and propriety. The fulfillment of Access Benefit Sharing stipulated in Law Number 13 of 2016 concerning Patents provides legal certainty of simple patent protection derived from traditional knowledge. Whereas the production process of the Sarung Tenun Goyor can be said to be a form of intellectual property and fulfills the elements as a simple patent object. The conclusion of this research is that the production process of the Sarung Tenun Goyor has not received legal protection. The Patent Law provides legal certainty for the development of the sarung tenun goyor production process by fulfilling Access Benefit Sharing (ABS).","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"58 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85967405","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-01DOI: 10.15294/jils.v7i1.53503
A. Salim, Rizaldy Anggriawan, Mohammad Hazyar Arumbinang
The issue of dual citizenships has been in much of the debate over the years. Many developed countries such as US, UK, Australia, and Switzerland have no restrictions on holding dual nationality, whereas countries such as Singapore, Austria, India, and Saudi Arabia do not “recognize” or “restrict” dual citizenships, leading to automatic loss of citizenship upon acquiring other. Some countries such as Austria, Spain may still grant dual citizenships upon certain special conditions under exceptional cases like celebrities. The implementation of dual citizenship nowadays is not something strange or unusual things internationally. By considering the international environment that is nowadays being wider and no limit, everyone has an easy access to go abroad. In Indonesia, the concept of dual citizenship still limited to the children from inter-marriage, while consider the amount of Indonesian diaspora in another country this is the time for Indonesia to upgrade or revise the citizenship system in Indonesia.
{"title":"Dilemma of Dual Citizenship Issues in Indonesia: A Legal and Political Perspective","authors":"A. Salim, Rizaldy Anggriawan, Mohammad Hazyar Arumbinang","doi":"10.15294/jils.v7i1.53503","DOIUrl":"https://doi.org/10.15294/jils.v7i1.53503","url":null,"abstract":"The issue of dual citizenships has been in much of the debate over the years. Many developed countries such as US, UK, Australia, and Switzerland have no restrictions on holding dual nationality, whereas countries such as Singapore, Austria, India, and Saudi Arabia do not “recognize” or “restrict” dual citizenships, leading to automatic loss of citizenship upon acquiring other. Some countries such as Austria, Spain may still grant dual citizenships upon certain special conditions under exceptional cases like celebrities. The implementation of dual citizenship nowadays is not something strange or unusual things internationally. By considering the international environment that is nowadays being wider and no limit, everyone has an easy access to go abroad. In Indonesia, the concept of dual citizenship still limited to the children from inter-marriage, while consider the amount of Indonesian diaspora in another country this is the time for Indonesia to upgrade or revise the citizenship system in Indonesia.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90219732","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-01DOI: 10.15294/jils.v7i1.57881
Ridwan Arifin
Justice has many meanings, dimensions, and even approaches. Not only in one country, but universally justice could be the same concept on one side, but it could also be different on the other side. Various views on the concept of justice also differ, influenced by the development of society, culture, social, or even the ideology of a country
{"title":"Translating the Meaning of Justice and Legal Protection: What exactly is justice?","authors":"Ridwan Arifin","doi":"10.15294/jils.v7i1.57881","DOIUrl":"https://doi.org/10.15294/jils.v7i1.57881","url":null,"abstract":"Justice has many meanings, dimensions, and even approaches. Not only in one country, but universally justice could be the same concept on one side, but it could also be different on the other side. Various views on the concept of justice also differ, influenced by the development of society, culture, social, or even the ideology of a country","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"72 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72410881","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-01DOI: 10.15294/jils.v7i1.55184
A. Nathaniel, Y. Dewi, Shatila Dhiyaannisaa Sani
The Palapa Ring Western Package is the first Public Private Partnership infrastructure project in Indonesia implementing Availability Payment (AP). Prevailing regulations allow the Government Contracting Agency (GCA) and Implementing Business Entity (IBE) to determine the system of incentives and penalties of AP in their project contract. This research explores two main issues: (1) whether the IBE has obligation for contingent cost liabilities outside of the contractually determined AP amount in the occurrence of damage caused by a third party which interrupts or disrupts infrastructure service availability and (2) whether the GCA has the right to penalize AP amount to the IBE in the occurrence of damage by a third party which interrupts or disrupts service availability. By applying normative legal research using the statute approach, this research concludes that in this project, the IBE has obligation for contingent cost liabilities outside of contractually determined AP amount in the occurrence of damage by a third party and the GCA has the right to penalize AP amount if the IBE fails to maintain service availability. The contractual allocation of operational and maintenance risk to the IBE creates obligation to bear costs during the project lifetime including those due to third-party risk. Further, the use of formula to calculate AP to IBE is solely based on performance data in maintaining service availability according to contractually agreed standards. Thus, the use of AP in the Palapa Ring Western Package may be a point to reference for future Public Private Partnership infrastructure projects.
{"title":"Third-Party Risk in the Availability Payment: The Palapa Ring Western Package","authors":"A. Nathaniel, Y. Dewi, Shatila Dhiyaannisaa Sani","doi":"10.15294/jils.v7i1.55184","DOIUrl":"https://doi.org/10.15294/jils.v7i1.55184","url":null,"abstract":"The Palapa Ring Western Package is the first Public Private Partnership infrastructure project in Indonesia implementing Availability Payment (AP). Prevailing regulations allow the Government Contracting Agency (GCA) and Implementing Business Entity (IBE) to determine the system of incentives and penalties of AP in their project contract. This research explores two main issues: (1) whether the IBE has obligation for contingent cost liabilities outside of the contractually determined AP amount in the occurrence of damage caused by a third party which interrupts or disrupts infrastructure service availability and (2) whether the GCA has the right to penalize AP amount to the IBE in the occurrence of damage by a third party which interrupts or disrupts service availability. By applying normative legal research using the statute approach, this research concludes that in this project, the IBE has obligation for contingent cost liabilities outside of contractually determined AP amount in the occurrence of damage by a third party and the GCA has the right to penalize AP amount if the IBE fails to maintain service availability. The contractual allocation of operational and maintenance risk to the IBE creates obligation to bear costs during the project lifetime including those due to third-party risk. Further, the use of formula to calculate AP to IBE is solely based on performance data in maintaining service availability according to contractually agreed standards. Thus, the use of AP in the Palapa Ring Western Package may be a point to reference for future Public Private Partnership infrastructure projects.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76366901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-01DOI: 10.15294/jils.v7i1.53057
S. Sukardi, H. Purnama
Indonesian legal system has not yet adopted the concept and method of restorative justice; therefore, substantial justice for the Indonesian people has not yet been reflected in legal enforcement in the Pancasila democracy system. The research aims to elaborate on the existence of restorative justice in the criminal justice system, which supports the process of democracy in Indonesia. Normative research is used to establish the aim of the research by using secondary data and primary, secondary, and tertiary legal resources. The urgency of this article is to capture how the legal enforcer is using restorative justice. The findings and conclusion of the research determined that restorative justice is based on legal and cultural values in the society, which gave a conventional resolution that fulfils justice. The application of restorative justice is constructed through standard procedures based on the system theory approach, which accommodates all roles and functions of the criminal justice system elements. Therefore, legitimacy, legality, responsibility, and supervision are warranted philosophically, juridically, and sociologically. As a result, implementing the concept of restorative justice in the criminal justice system is a choice for the strategy in politics of law. Restorative justice will support the law enforcement in Indonesia as required in order to create democracy in Indonesia based on Pancasila and Constitution of 1945.
{"title":"Restorative Justice Principles in Law Enforcement and Democracy in Indonesia","authors":"S. Sukardi, H. Purnama","doi":"10.15294/jils.v7i1.53057","DOIUrl":"https://doi.org/10.15294/jils.v7i1.53057","url":null,"abstract":"Indonesian legal system has not yet adopted the concept and method of restorative justice; therefore, substantial justice for the Indonesian people has not yet been reflected in legal enforcement in the Pancasila democracy system. The research aims to elaborate on the existence of restorative justice in the criminal justice system, which supports the process of democracy in Indonesia. Normative research is used to establish the aim of the research by using secondary data and primary, secondary, and tertiary legal resources. The urgency of this article is to capture how the legal enforcer is using restorative justice. The findings and conclusion of the research determined that restorative justice is based on legal and cultural values in the society, which gave a conventional resolution that fulfils justice. The application of restorative justice is constructed through standard procedures based on the system theory approach, which accommodates all roles and functions of the criminal justice system elements. Therefore, legitimacy, legality, responsibility, and supervision are warranted philosophically, juridically, and sociologically. As a result, implementing the concept of restorative justice in the criminal justice system is a choice for the strategy in politics of law. Restorative justice will support the law enforcement in Indonesia as required in order to create democracy in Indonesia based on Pancasila and Constitution of 1945.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85568977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-30DOI: 10.15294/jils.v6i2.51371
Rian Saputra, Muhammad Khalif Ardi, Pujiyono Pujiyono, Sunny Ummul Firdaus
The research stems from Decision Number 224 PK/PID.SUS/2018 which grants the application for judicial review (hereinafter abbreviated as PK) by a suspected narcotics abuser with a novum (new evidence) in the form of previous judges' decisions. In this case, this study aims to conceptualize how the regulation of PK legal remedies in criminal cases should be. This research is a normative legal research, the approach used is a case approach, a comparative approach, and a conceptual approach, with a literature study research technique. After knowing the arguments for the admissibility of submitting a PK in the form of a District Court Decision, the author makes several comparisons with the Criminal Procedure Code (America and France), and concludes based on this comparison that the use of the basis for submitting a PK should be regulated clearly and firmly in the Criminal Procedure Code, because the two countries in its criminal procedural law it expressly states that the submission of a PK must be based on new facts and evidence which, if presented at the previous trial, has the potential to reduce or even abort the prosecution's charge
{"title":"Reform Regulation of Novum in Criminal Judges in an Effort to Provide Legal Certainty","authors":"Rian Saputra, Muhammad Khalif Ardi, Pujiyono Pujiyono, Sunny Ummul Firdaus","doi":"10.15294/jils.v6i2.51371","DOIUrl":"https://doi.org/10.15294/jils.v6i2.51371","url":null,"abstract":"The research stems from Decision Number 224 PK/PID.SUS/2018 which grants the application for judicial review (hereinafter abbreviated as PK) by a suspected narcotics abuser with a novum (new evidence) in the form of previous judges' decisions. In this case, this study aims to conceptualize how the regulation of PK legal remedies in criminal cases should be. This research is a normative legal research, the approach used is a case approach, a comparative approach, and a conceptual approach, with a literature study research technique. After knowing the arguments for the admissibility of submitting a PK in the form of a District Court Decision, the author makes several comparisons with the Criminal Procedure Code (America and France), and concludes based on this comparison that the use of the basis for submitting a PK should be regulated clearly and firmly in the Criminal Procedure Code, because the two countries in its criminal procedural law it expressly states that the submission of a PK must be based on new facts and evidence which, if presented at the previous trial, has the potential to reduce or even abort the prosecution's charge","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85659542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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