Kebijakan Pidana Pengawasan Dalam Pembaharuan Hukum Pidana Indonesia

Hajairin, Hajairin; Syamsuddin, Syamsuddin; Kasmar, Kasmar; Sanusi, Gufran

doi:10.52249/ilr.v2i2.81

Cited by 2 publications

(1 citation statement)

References 2 publications

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“…However Code). It must be noted that how criminal procedures for supervision and criminal procedural law are carried out has not been explained in detail; hence, the format for enforcement of criminal supervision must be conceptualized from an early age so that the implementation of supervision punishment can run effectively, including the institution that supervises the convicted supervision [14].…”

Section: Setting Community-based Correction As a Form Of Convict Fost...mentioning

confidence: 99%

Conceptualization of Setting Community-based Correction as a Form of Convict Fostering Based on Restorative Justice Principles in Correctional Institutions

Wira Andaman,

Wayan Putu Sucaya Aryana,

Putu Ari Setyaningsih

2024

KSS

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The high rate of recidivism in Indonesia is caused by the legal paradigm and politics of society which place imprisonment as a premium remedium. Consequently, various problems arise in prisons, such as prison overcapacity and other problems. The government has made an effort to countermeasures by issuing a new Correctional Law and Criminal Code which carries a new sentencing paradigm through restorative justice; however, the panitentiary has not had a breakthrough that is in line with the new paradigm. Community-based correction which was first recognized in New Zealand is deemed appropriate to be applied in Indonesia with adjustments according to philosophical, sociological, and juridical foundations to fill the void in norms in arranging community-based correction as a form of fostering prisoners in jails. This study is a normative legal research with a literature study. This study uses statute, case, fact, and comparative approaches. Community-based correction implemented in New Zealand bears similarities to the fostering of convicts implemented in Indonesia, such as probation, parole, work release, and residential center or the halfway house program. In the future, the concept of fostering convicts based on the principles of restorative justice will be implemented using the pattern of community-based correction. Community-based correction is conceptualized in two forms, namely as an alternative to conviction and an alternative to imprisonment. As an alternative to conviction, the concept can accommodate the implementation of supervision and social work punishments that are regulated in the new Criminal Code. As an alternative to imprisonment, community-based correction can take the form of optimization of the function of open prisons by providing an opportunity for convicts with a maximum sentence of three years to be placed in open prisons from the start of serving their sentence. Keywords: community-based correction, conviction, imprisonment, restorative justice

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Section: Setting Community-based Correction As a Form Of Convict Fost...mentioning

confidence: 99%

Conceptualization of Setting Community-based Correction as a Form of Convict Fostering Based on Restorative Justice Principles in Correctional Institutions

Wira Andaman,

Wayan Putu Sucaya Aryana,

Putu Ari Setyaningsih

2024

KSS

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The Restorative Justice Orientation to Hoax Spreaders on Social Media: Urgency and Formulation

Flora,

Khomaini,

Wibowo

2023

SASI

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Introduction: The development of the use of digital media has had an impact on the amount of hoax information on social media. The large amount of hoax information in the community has made law enforcement officials immediately apply criminal law enforcement against hoax news spreaders.Purposes of the Research: The urgency and formulation of the application of restorative justice in the crime of spreading hoax information on social media.Methods of the Research: Normative legal research with a concept and statutory approach.Results of the Research: The urgency of implementing RJ for perpetrators of criminal acts of spreading hoaxes on social media because RJ's orientation is to provide compensation for victims as well as having a future orientation to educate the public so they can prevent criminal acts from occurring. The application of RJ in cases of criminal acts of spreading hoaxes on social media can be formulated by regulating the application of RJ in cases of criminal acts of spreading hoaxes on social media by revising the provisions of the SKB UU ITE. Revision of the Joint Decree on the ITE Law by incorporating the RJ aspect as an effort to resolve the criminal act of spreading hoaxes on social media as well as the criminal act of the ITE Law in general.

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Kebijakan Pidana Pengawasan Dalam Pembaharuan Hukum Pidana Indonesia

Cited by 2 publications

References 2 publications

Conceptualization of Setting Community-based Correction as a Form of Convict Fostering Based on Restorative Justice Principles in Correctional Institutions

Conceptualization of Setting Community-based Correction as a Form of Convict Fostering Based on Restorative Justice Principles in Correctional Institutions

The Restorative Justice Orientation to Hoax Spreaders on Social Media: Urgency and Formulation

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