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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Pena Justisia: Media Komunikasi dan Kajian Hukum
Mac Thi Hoai Thuong
Hanoi Law University, Vietnam
Law, Crime, Criminology & Criminal Justice

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The Orientation and Implications of New Criminal Code: An Analysis of Lawrence Friedman's Legal System Henny Saida Flora; Mac Thi Hoai Thuong; Ratna Deliana Erawati
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 1: April 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i1.1169

Abstract

This study aims to analyze the orientation and implications of the legalization of the Draft Criminal Code (RKUHP) to become Law No. 1 of 2023 concerning the Criminal Code (New Criminal Code) regarding the legal system theory of Lawrence M. Friedman. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the study confirm that the orientation of Lawrence Friedman’s legal system regarding the ratification of the Draft Criminal Code is that the aspects of legal substance in the New Criminal Code have adopted Indonesian legal values and culture by applying the concept of restorative justice. From the aspect of legal structure, implementing the New Criminal Code in a transitional manner for three years has an orientation to provide socialization. From the aspect of legal culture, the orientation of restorative justice involves the public in the criminal justice process. The implication of Lawrence Friedman’s legal system puts forward the substance of customary law as the applicable law, related to the idea of restorative justice to the affirmation that imprisonment is a last resort. That has implications for the need for judges to understand customary law. From the aspect of the legal structure, the roles of judges, prosecutors and other law enforcement officials are also prioritized to provide the essence of justice in implementing the New Criminal Code. From the aspect of legal culture, the role and participation of the community are essential in efforts to prevent and enforce criminal law in society.
The Lex Favor Reo Principle After New Criminal Code: A Corrective Justice’s Perspective Henny Saida Flora; Fradhana Putra Disantara; Mac Thi Hoai Thuong
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2997

Abstract

The purpose of this study is to analyze the existence and implications of the lex favor reo principle after the ratification of the new Criminal Code in relation to aspects of corrective justice. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the study show that the existence of the lex favor reo principle after the ratification of the new Criminal Code, namely as formulated in Article 3 juncto Article 618 of the new Criminal Code, the existence and applicability of the lex favor reo principle can be immediately enforced. The implication of the lex favor reo principle in optimizing aspects of corrective justice after the ratification of the new Criminal Code is that the implementation of the lex favor reo principle has implications for the existence of criminal sanctions experienced by defendants in the old Criminal Code. Suggestions in this study are that for law enforcement officials, special attention is needed when trying a crime, especially by first paying attention to the lex favor reo principle to see which sanctions are more profitable for the accused.
Co-Authors Fradhana Putra Disantara Henny Saida Flora Ratna Deliana Erawati