PERGESERAN PARADIGMA PEMIDANAAN Dl INDONESIA

Zulfa, Eva Achjani

doi:10.21143/jhp.vol36.no3.1256

Cited by 18 publications

(21 citation statements)

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“…This is in line with the results of research conducted by the Correctional Advisory Center of the Ministry of Justice which noted that 31.7 percent of respondents thought that the criminal system in LAPAS was not useful, despite having skills, but after leaving LAPAS it was not necessarily accepted by the community [20]. The problem of punishment is not just putting a person who has committed a criminal offense in prison or obliging someone to pay a fine, but punishment certainly includes philosophical, sociological, and criminological issues [1].…”

Section: Differential Association Theory Was First Put Forward By Edwin H Suterland In 1934 In His Bookmentioning

confidence: 99%

“…Previously, the developing purpose of punishment was considered to have various weaknesses. this is mainly because it is considered not to provide any benefit for the victim and society [1]. The characteristics in the old paradigm of retributive justice which focus on providing punishment for mistakes often make the perpetrator not regret his actions.…”

Section: Introductionmentioning

confidence: 99%

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The Restorative Justice: A Better Alternative to Reduce Recidivism

Mahardhika¹

2021

Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020)

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Reforming the criminal justice system in Indonesia from retributive to restorative rehabilitative or a model of balance of interests is imperative. Despite the debate around the emergence of a new justice system model, It is providing insights into the current system that could be improved, namely the lack of rehabilitation and retributive theories oriented towards retaliation, assessing guilt, and imposing punishment. The perpetrator's accountability is manifested by the punishment which tends to make the perpetrator not regret his actions. The provision of imprisonment has a negative impact too. One of them is excess capacity in the correctional institutions (Lembaga Pemasyarakatan or LAPAS). Excess capacity in LAPAS is causing the guidance of prisoners to be not optimal. So, the success rate of coaching prisoners to become better human beings even after serving their prison terms is low. In addition, the negative impact that occurs after sentencing is former inmates receive negative stigma from the community. It is prevented the social reintegration process that has resulted in recidivism behavior. Restorative justice is emerging as a judicial concept that emphasizes repair of losses caused or related to criminal acts, namely by involving the perpetrator/victim and other parties involved to jointly seek a fair solution by emphasizing restoration to its original state, and not retaliation. In restorative justice, the accountability of the perpetrator is manifested in the form of awareness of his mistakes and assisted in determining the steps. It must be taken in order to restore the situation. So, the goal of building a better society in the future can be realized. The capacity of restorative justice in reducing recidivism using the differential association theory approach and social control theory is the topic of this research discussion. This research is legal research using a conceptual approach.

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Section: Differential Association Theory Was First Put Forward By Edwin H Suterland In 1934 In His Bookmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

The Restorative Justice: A Better Alternative to Reduce Recidivism

Mahardhika¹

2021

Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020)

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“…One of the punishment problems in Indonesia is the enormous and varied disparities. The Indonesian Criminal Code (KUHP/Kitab Undang-Undang Hukum Pidana) has given great authority for judges in imposing criminal sanction [11]. Nevertheless, judges are led by conscience to make decisions that consider state losses as one aspect that must be recovered with a criminal sanction by substitute money.…”

Section: Advances In Social Science Education and Humanities Researcmentioning

confidence: 99%

Model of Applying Criminal Sanctions in Overcoming Corruption Through Criminal Sanction by Substitute Money

Mahmud¹,

Setiawan²,

Juarsa³

et al. 2020

Proceedings of the 2nd Social and Humaniora Research Symposium (SoRes 2019)

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The implementation of criminal sanctions against corruption has been a problem related to the deterrent effect for convicted people and their contribution to recover state losses. This study (1) determining the influence of criminal sanctions of substitute money in returning state financial losses due to corruption and (2) finding an ideal model of application of criminal sanctions of substitute money in overcoming corruption. This study used a normative juridical approach for examining the principles of law, norms, institutions and legal processes. Types of data used secondary data originating from primary legal materials such as corruption eradication act, Law Number 7 Year 2006 concerning Ratification of the United Nations Convention Against Corruption, Supreme Court Regulation Number 5 Year 2014 concerning Criminal Payment of Substitute money in Corruption, Jurisprudence of Supreme Court. Data collection techniques used a literature study by analyzing sources of scientific theoretical readings such as books, scientific journals accredited by Directorate of Higher Education and Reputable International Journal. The analytical method used qualitative.The results showed that the criminal sanctions for substitute money contributed to the recovery of state financial losses due to corruption, but the amount was not significant compared to the value of state losses because of judges' decisions that tend to be positivist based on Article 18 paragraph (3) of Eradication Corruption act Crimes which provides an opportunity for the convicted people to choose to pay substitute money or undergo a substitute imprisonment. The reality was that they preferred to serve a substitute imprisonment (subside) rather than pay compensation money. Consequently, substitute money which becomes the obligation of convicted people was not paid in full or only partially paid. The ideal model of the application of substitute money in overcoming corruption was to apply the concept of asset recovery through four strategic steps namely (a) asset tracing since the investigation stage to find out the existence of corruption assets, (b) asset freezing by stipulating a prohibition on transferring wealth temporarily until a court decision is made, (c) asset confiscation (d) asset returning to the state. This model is considered ideal because it is expected to be able to support the effectiveness of state losses guarantee through full substitute money that can anticipate the convicted people to avoid the obligation to pay substitute money.

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“…Several other problems are also faced by prisons today, namely the excess number of prisoners compared to inadequate space capacity or overcrowded. The data obtained shows that one of the things that have not been fulfilled the basic rights of each prisoner is the lack of capacity from prison to provide appropriate places and facilities for prisoners due to the number of prisoners who have far exceeded their existing capacity [6]. This happened in several prisons in Indonesia, including; at the Class IIA Correctional Institution in Magelang, where the capacity of the room is for 221 (two hundred twenty one) people, but it is filled by 559 (five hundred fifty nine) people; in Cipinang Class 1 prison 3,802 with a capacity of 880, Salemba Prison was occupied in 1582 with a capacity of 572.…”

Section: A Impact Of Over Capacity On Fulfilling the Basic Rights Ofmentioning

confidence: 99%

The Impact Of Over Capacity On Fulfilling The Basic Rights Of The Assisted Citizen In Prison In The Perspective Of Human Right

Nuraeny¹,

Utami²

2019

Proceedings of the First International Conference on Progressive Civil Society (ICONPROCS 2019)

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Prison is actually a place for people who have obtained a fixed decision from the Judge, with the aim of providing guidance to criminal offenders to realize their mistakes, improve themselves, and cause deterrent effects, so that they do not commit criminal offenses and can fulfill their life needs. But the reality of prisoners in prisons is not only by prisoners, but also by detainees, people who are still undergoing a trial process. This then causes overcapacity in prisons, so that the impact on the fulfillment of prisoners' rights becomes unfulfilled as it should be received, especially in terms of fulfilling the basic rights of prisoners. This situation not only causes various problems, but human rights violations can also occur. On that basis, the problems that will be examined are what is the impact of overcapacity to fulfill the basic rights of prisoners in prison and how alternative solutions that can be done in minimizing the problem of overcapacity in prisons. The method used to answer the problems mentioned above is normative juridical research by conducting library research and empirical juridical research by conducting field research in prison in Class II Magelang. The data used in this study consisted of primary data obtained through interviews with field visits and secondary data taken from books, legislation, similar research results published in scientific journals and other literature. The entire data that has been obtained is then analyzed qualitatively. This research is expected to obtain results in the form of conclusions, about the impact of overcapacity in prisons not only due to the high level of crime, but also the application of policies to perpetrators of crimes in the fulfillment of basic rights, and will find alternative solutions in overcoming the occurrence of overcapacity in imprisonment by applying criminal sanctions against perpetrators in the form of criminal sanctions is not only aimed at penal sanctions, but also other criminal sanctions such as non-reasoning, criminal supervision, criminal penalties, social work crimes, and conditional free granting programs that can be carried out by applying the concept of diversion and restorative justice by paying attention to basic rights according to the concept of human rights. Thus, the problem of overcapacity in prisons will be overcome, and the criminal proceedings continue to run as they should.

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PERGESERAN PARADIGMA PEMIDANAAN Dl INDONESIA

Cited by 18 publications

References 0 publications

The Restorative Justice: A Better Alternative to Reduce Recidivism

The Restorative Justice: A Better Alternative to Reduce Recidivism

Model of Applying Criminal Sanctions in Overcoming Corruption Through Criminal Sanction by Substitute Money

The Impact Of Over Capacity On Fulfilling The Basic Rights Of The Assisted Citizen In Prison In The Perspective Of Human Right

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