According to Article 183 of the Criminal Procedure Code, a judge may not impose a sentence on a person unless he has at least two valid evidence and he is convinced that a criminal act actually occurred and that the defendant was guilty of committing it. In this context there are at least two means of evidence and belief must be applied cumulatively based on the negative evidence theory (negative wettelijk bewijs theorie) adopted in Indonesia. The word two means of evidence refers to the parameter that there must be at least two pieces of evidence from the four pieces of evidence that have been determined limitatifly based on Article 184 of the Criminal Procedure Code, but the problem is that there is no clear measure (parameter) regarding the judge's conviction. The results of the study concluded that the judge's confidence parameters consisted of formal parameters and material parameters. Formal parameters are very much determined by formal evidence as stipulated in law and jurisprudence. Meanwhile, material actors have a freer character not only to see formal procedural facts but also to juridical, sociological, and philosophical aspects.
Legal development aims to realize justice, certainty, and legal benefits, so legal development is explored in the social interaction of society itself. This research is concerned with the development of progressive and humanist law based on local wisdom. The concept looks at the relationship between 1) local wisdom and legal development, 2) local community participation and legal development, and 3) progressive legal development based on local wisdom. The type of juridical sociological research, data collection techniques with documentation, observation, and interviews, then the data analysis technique used is the interaction analysis model. The results of the study are the existence of local wisdom values in influencing the development of law in the community, namely the value of mutual cooperation and the value of deliberation. Community participation in the development of law in society has space for community participation in legal developments since planning, implementation, monitoring and evaluation. The values of local wisdom and community participation have potential in the development of progressive-humanist law, namely in the development of progressive and humanist law influenced by the values of local wisdom and the role of community participation so as to be able to build a law of conscience, respect human dignity and be able to provide a sense of justice according to the noble values that live in society. The suggestion from this research is that the community always maintains and preserves local wisdom that lives and grows in people's lives. The community and local government always maintain a synergistic relationship in the implementation of democratic community participation. In policy planning, it always explores the values of local wisdom in society and always involves community participation in creating progressive and humanist laws.
The debate over the imposition of the death penalty has long existed between the Abolitionists and Retentionists. The core problem of the debate is that the death penalty intersects with human rights and the interests of the state in maintaining public order. Indonesia, which chooses to apply the death penalty, cannot be separated from these two problematic aspects. This study aims to answer two problems: first, the death penalty debate in Indonesia including its historical aspects; second, the concept of middle ways (moderation) of the death penalty in the Draft of the Criminal Code (RKUHP). This is a normative legal research in which data are collected through library research on legal materials. The gathered data are analyzed in a qualitative description to answer the problems posed in the research. The results of the study show that the death penalty has become a part of the history of Indonesia due to the complexity of the legal system in Indonesia which is influenced by the Dutch, local custom, and Islamic legal systems. The concept of a middle way (moderation) of the death penalty in the RKUHP has placed the death penalty not as a principal penalty but is specific and alternative. Its implementation is also carried out after the probationary period. This is an interesting concept to bridge the death penalty debate in Indonesia. However, there are still problems related to changes to the death penalty, clemency issues, the length of delay in the death penalty and institutions that can amend the death penalty. In addition, there are also problems in determining the death penalty as a result of very serious crimes, because the indicators of most serious crimes have not been determined in a harmonious and consistent manner.
Sexual violence is a complex reality that immensely affects the integrity of human dignity for victims. Victims of sexual violence, mostly women and girls, show that there is a gender discriminatory construction issue in society that affects the problem of legal protection both in abstracto and in concreto. There are 3 (three) problems in this paper, such as: First, what is the current condition of protection for victims of sexual violence? Second, what is the current form of the policy on sexual violence protection in Indonesia? Third, how is the criminal law policy to protect victims of sexual violence based on Pancasila justice? This research is juridical-normative through a literature study using legal materials, and then the descriptive analysis is completed to answer the problems. Based on the results of the discussion, it is concluded that the legal protection of victims of sexual violence is indeed hampered by factors of legal substance, structure, and culture. The current form of policy to protect victims of sexual violence is not nonetheless comprehensive and responsive to victims. The Act on the Crime of Sexual Violence (UU TPKS) as part of the reform of criminal law policies has maintained a progressive basis in terms of protection, undertaking, and recovery of victims. There are indeed substantive issues that have the potential to reduce the strengthening of protection for victims of sexual violence such as the absence of norms regarding rape, forced abortion and integration with other laws as a consequence of the existence of bridge articles.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.