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All Journal Jurnal Penelitian Hukum De Jure Jurnal Wawasan Yuridika
Bonarsius Saragih
Sekolah Tinggi Hukum Bandung
Law, Crime, Criminology & Criminal Justice

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BERKEADILAN YANG DILAKUKAN OLEH POLRI (Telaah Filsafat Hukum) Saragih, Bonarsius
Jurnal Wawasan Yuridika Vol 22, No 1 (2010)
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (652.895 KB) | DOI: 10.25072/jwy.v22i1.2

Abstract

Law enforcement as facility to create the direction of law should be applied as effective as possible to create morality values in law. The failure of law is a very dangerous threat to the decrease of law itself. The law which does not have good implementation to morality values will be far and isolated from societies. The success of law enforcement will be a barometer of law legitimacy in the social reality. The law culture of  law enforcement, especially Indonesian Republic State Police  (POLRI)  in performing their duties and their authorities as investigators still have violation culture; false arrest, incorrect procedure. Scrutinizing philosophy principle from process law (KUHAP), the function of law enforcement entrusted to Indonesian Republic State Police (POLRI) exists in the scope of  performance of Gods mandate.The must be courageous, and must have ability to scrutinize and understand the signal of consistent justice values with conception of Gods justice values and human justice which is always created in every law enforcement. Law enforcement performed by Indonesian Republic State Police should perform good law enforcement by principles of: leaving non­ scientific investigation and always using examination pattern of scientific investigation; leaving incusator examination, but acusator way and also upholding presumption of innocence principleKeywords: Justice ­ Indonesian Police ­ Legal Philosophy
Effectiveness of Social Work Sanction as a Substitute for Imprisonment in The Perspective of Sentencing Purposes Emaliawati Emaliawati; Bonarsius Saragih; Aji Mulyana
Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (393.579 KB) | DOI: 10.30641/dejure.2022.V22.325-336

Abstract

ABSTRACTImprisonment is a criminal sanction that eliminates the freedom of perpetrators with the aim of providing a deterrent effect so as not to commit criminal acts and improve behavior in order to become better human beings. In this study, problems were formulated regarding the effectiveness of social work sanctions as a substitute for imprisonment from the perspective of sentencing purposes. This study uses a normative juridical approach, with descriptive-analytical research specifications. The data used are primary data obtained through an analytical study of applicable laws, followed by concepts that have been carried out, and secondary data obtained through literature studies (references from various countries that have imposed social work sanctions), which are then analyzed utilizing a comparison between primary and secondary data qualitatively. From the study results the issue regarding the effectiveness of social work sanction as a substitute for imprisonment focuses on changing the behavior of the convict in reducing the level of crime in society and the effectiveness of social work punishment for criminals associated with the purpose of sentencing, it is used as an alternative for sentencing that is in line with the purpose of sentencing itself.
Co-Authors Aji Mulyana Emaliawati Emaliawati