scholarly journals RECHTERLIJK PARDON DALAM KEBIJAKAN DAN PENERAPAN PIDANA INDONESIA

PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 132-142
Author(s):  
Annisa Dian Permata Herista ◽  
Aristo Evandy A. Barlian
Keyword(s):  
Social Justice ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Civil Law ◽  
Penal Code ◽  
Law System ◽  
Current Formulation ◽  
To Come

Penal code in the formulation of criminal law is currently only fixated on the provisions of criminal acts and crimes without including the goals and principles of punishment. Therefore, criminal law is currently considered rigid and inhumane in its application in small cases that are deemed to require social justice. Formulations which do not have objectives and principles in criminal guidelines will not produce effective law, now there is an idea that is Rechterlijk Pardon as one of the concepts in criminal reform that has been used by various countries implementing civil law systems. The results of the analysis in this study found 6 (six) articles relating to the value of forgiveness in the current formulation of the Kuhp but not the pure forgiveness value and the discovery of 5 (five) criminal justice applications that already have forgiveness values but still cannot be applied properly because they are not properly applied the existence of forgiveness formulations in the current criminal. The formulation of the judge's forgiveness idea "Rechterlijk Pardon" will make the criminal law system in Indonesia to come to be more integral, flexible, humanist, progress and nationalist. The criminal justice system desperately needs significant reforms such as the inclusion of criminal law goals and principles so that an effective criminal justice system in Indonesia is realized.

Postmodern Philosophy as a Form of Human Reaction to Legal Positivism Concerning the Criminal Justice System in Indonesia

2021 ◽  
Vol 3 (3) ◽  
pp. 268-275
Author(s):  
Zairusi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Legal Positivism ◽  
Legal Philosophy ◽  
Philosophy Of Law ◽  
Law System ◽  
Human Reaction ◽  
Postmodern Philosophy

The study of Philosophy of Law is developing rapidly from time to time as we know that there are many schools of Philosophy of Law that are believed and used in a particular place, time, and adherents. Philosophy of Law, nowadays a school growing very fast is Postmodern Philosophy of Law. The postmodern flow of legal philosophy as a reaction to the flow of Positivism Legal Philosophy. Postmodernism's thinking about law is that legal truth is not particular, absolute, and objective, but relative, plural, consensual. This thinking often raises the pros and cons among experts. Therefore, this study tries to increase the flow of postmodern philosophy as a form of human reaction to legal positivism concerning the criminal justice system in Indonesia. This study uses a qualitative approach with a literature review method. The results of the study indicate that the criminal law system in Indonesia is unable to accommodate the purpose of the law, namely justice, because the criminal law system in Indonesia always considers justice based on the fulfilment of written law in which everyone applies a rule of law that is ultimately the same. Therefore, the author expresses Postmodern Philosophy as a creative legal justice breakthrough that is heterogeneous or combines various elements in everyday human life such as social, legal, cultural, psychological, political, educational, etc.

Restoration of Social Justice and Imposition of Proportionate Punishment in the Context of the Principle Non Bis In Idem

10.12737/7595 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Сергей Андрусенко ◽  
Sergey Andrusenko
Keyword(s):  
Social Justice ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Modern Medicine ◽  
System Study ◽  
Criminal Punishment ◽  
Criminal Procedure Law

The article discusses current issues in the restoration of victim rights by applying one of the fundamental principles of criminal law: the reestablishment of social justice and the commensurability/proportionality of the criminal justice system. Study the problems in the theory of criminal punishment that justify the possibility of increasing the punishment after conviction. The author also analyzes some of the positions of modern medicine which is based on the ability to change the verdict and appointment of new criminal penalties. Insufficient developed changes that were made to the criminal procedure law, can create problems of law enforcement practices that lead to a substantial violation of the rights of victims. The article also examines conflict general principles of criminal law, namely, the restoration of social justice and proportionality of criminal punishment and principle non bis in idem. The author points out significant challenges that may arise in law enforcement and offers solutions.

Konsep Perlindungan Korban dalam Sistem Peradilan Pidana Nasional dan Sistem Hukum Pidana Islam

2019 ◽  
Vol 13 (1) ◽  
pp. 33-48
Author(s):  
Vivi Ariyanti
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Public Interest ◽  
Justice System ◽  
The State ◽  
Significant Progress ◽  
Current Position ◽  
Law System ◽  
The Public

The current position of victims in the criminal justice system has not been placed fairly, because victims in the judiciary are only represented by public prosecutors who base their charges on statutory rules and facts obtained from witnesses. This paper reviews and compares the Indonesian national criminal justice system and Islamic criminal law system in terms of protecting the rights of victims of criminal acts during and after undergoing the trial process. The study of victims in the Western criminal law system adopted by Indonesia has been so extensive and profound, that it raises its own science called victimology, which is parallel to the science of criminology. Meanwhile Islamic criminal law (al-Fiqh al-Jinayah) still refers to fiqh books written by medieval jurists, so that the study of Islamic criminal law is stagnant and without significant progress. However, both national criminal law and Islamic criminal law, in principle, emphasize that the protection of victims must be balanced between the interests of the victims themselves, the perpetrators of crime, society, the state, and the public interest.

القاعدة الفقهية لا جريمة ولا عقوبة إلا بالنص من منظور القانون الجنائي الإسلامي والقانون الجنائي الباكستاني

ĪQĀN ◽  
2021 ◽  
Vol 3 (01) ◽  
pp. 47-64
Author(s):  
Dr. Naveed Altaf Khan ◽  
Hafiz Muhammad Zaheer
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Basic Principle ◽  
Legal System ◽  
Justice System ◽  
Islamic Law ◽  
Penal Code ◽  
Contemporary World

This study contains on a legal maxim; crime neither can be proved nor be punished without verse or legal text (statute), as well as it is a comparative analysis in prospective of Islamic criminal law and Pakistani criminal law. In contemporary world it is a basic principle in the criminal justice system that a person can neither be convicted nor be punished without prescribed law. Islamic law has fixed some punishments strictly like ḥudūd, qiṣāṣ and dīyyāt. while some of the punishments like tazīrāt & siyāsah shar’iah come under the jurisdiction of state according to the circumstances, which can be fixed by practicing parliamentary ijtīhād by if and only if the experts islamic legal system. This study will deal with the literal meaning of the legal maxim, & will be explained with the references of Qur’an & Sunnah and its applications from Islamic law (al-fiqh al-islāmī). To make it more clear & evident this maxim will be compared with the constitution & penal code of Pakistan, focusing on the main differences between the concept of crime in both i.e. Islamic criminal law and the Pakistani law.

scholarly journals The scope of changes in the criminal law system in India

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Shalinee Vishwakarma
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Law Enforcement Agencies ◽  
Law System ◽  
Natural Justice ◽  
Protection Of Human Rights ◽  
Police System

The criminal justice system is an idea founded on judicial principles and constitutionalism. It includes the interaction of many institutions and remedies. An effective criminal justice system is essential for an orderly society and the protection of human rights. However, quite different from this ideology, Indian criminal justice faces many complications such as soaring crime rates, outdated laws, late proceedings, inefficient law enforcement agencies. to name a few. The criminal justice system urgently needs reform measures, based on natural justice and human rights, to rejuvenate the system. These minimal but essential measures include consistent reform of the criminal law, fostering and building trust in a skeptical justice system, curbing abuses of power by the police system, and obvious measures. of the welfare state and it is the moral duty of every citizen of India to obey and respect criminals. judicial system.  

scholarly journals Victimological Approaches to Crime of Rape in Indonesian Criminal Justice System

2019 ◽  
Vol 4 (3) ◽  
pp. 366
Author(s):  
Khudzaifah Dimyati ◽  
Angkasa Angkasa
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Penal Code ◽  
Rape Victims ◽  
Procedure Code ◽  
Sense Of Justice

Neglect of rape victims in the Indonesian Criminal Justice System implicates at least two things; first, the victim does not receive legal protection, and second, the decisions of judges do not fulfill the sense of justice. Neglect of victims in the Criminal Justice System cannot be separated from the theory, doctrine and legislation, especially criminal law or the Penal Code, Criminal Procedure Code and the Corrections Act, which is oriented merely to the perpetrators (criminal oriented) instead of victims (victim oriented). Regarding the conditions above, this study was intended to provide a solution of the problems so that victims in the Criminal Justice System obtain legal protection and the decision of judges could fulfill the sense of justice.

scholarly journals Perlindungan Hukum terhadap Korban Tindak Pidana Perdagangan Orang Dalam Perspektif Sistem Peradilan Pidana Indonesia dan Malaysia

Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 261
Author(s):  
Eko Budi S ◽  
Wancik Wancik
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Legal Protection ◽  
Value Systems ◽  
Trafficking In Persons ◽  
Conceptual Approach ◽  
Law System ◽  
Victim Protection

Legal protection for victims in the criminal law system and the judicial system in Indonesia and Malaysia has been implemented but has not yet accommodated the rights of victims as a whole and its implementation has not been in accordance with the principles of universal legal protection. The research method used is normative legal research, consisting of the type of research on legal comparisons and vertical and horizontal synchronization. The approach used is the legal, case, comparative and conceptual approach. The purpose of this study is to analyze legal protection for victims of trafficking in the criminal law system in Indonesia and Malaysia and to find the ideal concept of legal protection for victims of trafficking in persons from the perspective of the Indonesian criminal justice system. The results of this research are 1) The need for the executive and legislative to revise the law on witness and victim protection and the eradication of the crime of trafficking in persons, namely by including the rights of victims that have not been accommodated, 2) so that the components of the criminal justice system (National Police Indonesia, Prosecutors and Judges) have the same vision and prioritize professionalism and harmony between components in providing protection for victims based on the principles of victim protection and 3) The need for legal reform by harmonizing existing regulations with other regulations into the Concept of Integrative Legal Protection. Namely the concept of legal protection for victims of trafficking in persons by strengthening the interaction between the legal system, including norms, value systems and behavior systems into an integrated legal protection system for victims of trafficking in persons in the criminal justice system as a whole and comprehensive (integral comprehensive).

scholarly journals Short Comings of Criminal Justice System of Pakistan and its Effects on the Rights of Accused Prisoner Wrongfully Convicted or Imprisoned

2016 ◽  
Vol 18 (32) ◽  
pp. 13-27
Author(s):  
Sara Qayum ◽  
Sughra Farid ◽  
Suhail Shehzad ◽  
Weidong Zhu
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Law System

Abstract The criminal justice system in Pakistan operates imperfectly, although the aim of the Pakistan’s Criminal Law system is that no person is being convicted without all the elements but our System is not speedy and fast in disposal of cases then automatically innocent suffers. A failure of the justice system leaves people free but uncompensated. When a case has been decided after a lengthy trial and an individual acquit on merit by the judgment of concerned Court than upon release he did not receive any thing as compensation by the Criminal Justice System of Pakistan because System offers no mechanism for compensation. This article will discuss about wrongfully convicted persons in Pakistan’s Criminal Justice System and the reasons for their wrongful imprisonment and mechanism for compensation. In the end, conclusions and recommendations will be given on the same.

Justice versus Social Justice in South Africa: Quo vadis?

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Marelize Isabel Schoeman
Keyword(s):  
South Africa ◽  
Social Justice ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Lessons Learned ◽  
Historical Discourse ◽  
Self Reflection ◽  
Underlying Basis ◽  
Quo Vadis

This article explores the concept of criminal justice as a formal process in which parties are judged and often adjudged from the paradigmatic perspective of legal guilt versus legal innocence. While this function of a criminal-justice system is important – and indeed necessary – in any ordered society, a society in transition such as South Africa must question the underlying basis of justice. This self-reflection must include an overview questioning whether the criminal-justice system and its rules are serving the community as originally intended or have become a self-serving function of state in which the final pursuit is outcome-driven as opposed to process-driven. The process of reflection must invariably find its genesis in the question: ‘What is justice?’ While this rhetorical phraseology has become trite through overuse, the author submits that the question remains of prime importance when considered contemporarily but viewed through the lens of historical discourse in African philosophy. In essence, the question remains unanswered. Momentum is added to this debate by the recent movement towards a more human rights and restorative approach to justice as well as the increased recognition of traditional legal approaches to criminal justice. This discussion is wide and in order to delimit its scope the author relies on a Socratically influenced method of knowledge-mining to determine the philosophical principles underpinning the justice versus social justice discourse. It is proposed that lessons learned from African philosophies about justice and social justice can be integrated into modern-day justice systems and contribute to an ordered yet socially oriented approach to justice itself.

scholarly journals Wife Assault, The Justice System and Professional Responsibility

1995 ◽  
Vol 33 (4) ◽  
pp. 908
Author(s):  
Diana Ginn
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Battered Women ◽  
Criminal Law ◽  
Justice System ◽  
Professional Responsibility ◽  
Wife Assault ◽  
The Past ◽  
Key Players ◽  
The Way

The author reviews the response of the criminal justice system to the problem of wife assault by focusing on the key players within the system. The way the criminal law applies to wife assault affects battered women's access to that area of law known as family law, with negative repercussions for them and their children. Several myths about the nature of wife assault help ensure an inappropriate response. These include the myths that the woman is to blame, that by just leaving the abusive situation she can resolve it, and that if she does not leave it is because she enjoys the abuse. The author reviews current methods used by police, prosecutors and judges for dealing with wife assault and discusses the inadequacies of those methods. She concludes that despite many recommendations for change, there have been no significant improvements in the way the criminal justice system deals with wife assault. It is incumbent upon the legal profession to demonstrate professional responsibility by ensuring that wife assault is taken more seriously than it is now and than it has been in the past. This is a necessary reform before battered women can rely on the criminal justice system.

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