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All Journal Jurnal Akta Jurnal Pengabdian Masyarakat Hablum Minannas
Panca Sarjana Putra
Universitas Islam Sumatera Utara
Economics, Econometrics & Finance Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Akta

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Implementation of Restorative Justice in Settlement of Criminal Actions in the Criminal System in Indonesia Syarifuddin Syarifuddin; Indra Gunawan Purba; Panca Sarjana Putra
JURNAL AKTA Vol 11, No 1 (2024): March 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i1.34516

Abstract

Resolving several years of criminal offenses using a "restorative justice" mechanism has been hotly discussed recently. Restorative justice or restorative justice is the process of resolving criminal acts. This criminal problem resolution model involves all parties to find justice and restore the situation between the perpetrator and the victim. One of the functions of law is as "a tool of dispute settlement", various disputes can occur in society. As for the ways of resolving disputes in a society, some are resolved through formal institutions called courts. Resolving criminal acts through restorative justice is carried out from the level of investigation and investigation at the police to the prosecutor's office. These two law enforcement agencies have regulated the process and procedures for resolving criminal acts through restorative justice mechanisms. So it is hoped that this settlement model can reduce the number of cases handled by the courts, as well as reduce the burden of state costs for resolving criminal acts. Restorative justice is regulated in the Republic of Indonesia State Police Regulation Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice and Article 1 number 1 of the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. In these two regulations, the resolution of criminal cases by prioritizing restorative justice emphasizes restoration to its original state and a balance of protection and interests of victims and perpetrators of criminal acts that is not oriented towards retribution. This is an effort to reform the criminal justice system in order to realize the goals of just law. There are several criminal justice system models in the world, Control Criminal Model, Doe process of law Model and Family model, of course this justice system will be able to determine what resolution is appropriate to the criminal justice system, which is closer to restorative justice is the family model, a family approach resolving criminal cases by deliberation and consensus as intended by the fourth principle of Pancasila. A justice system with a family model involving all parties accommodates the interests of all parties, so that the original situation is restored after the case between the perpetrator and the victim. Basically, the model for resolving criminal cases outside of court, which carries the spirit of restorative justice, began to be implemented in the mid-1970s. One model for resolving criminal cases outside of court based on restorative justice is the Victim Offenders Mediation (VOM) program. The VOM program was first implemented in 1970 in North America and Europe such as Norway and Finland. VOM is a process that provides the victim's willingness as the subject of crime and violence to meet with the perpetrator, in a safe and orderly atmosphere with the aim of making the perpetrator directly responsible in the form of compensation to the victim.
The Corporate Liability as Perpetrator of Environmental Pollution Crime Panca Sarjana Putra
JURNAL AKTA Vol 11, No 2 (2024): June 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i2.37463

Abstract

Corporations grow and develop according to the times, the principle of corporations with the smallest capital to get the maximum profit, making corporations can do anything to gain profits. Corporations are required to run their business in good faith, corporations that do not run their business in good faith can be held criminally liable. The increasing number of corporations as a global impact creates a special concern for environmental impacts. Almost every field of business, whether in mining, trade, industry, natural resource utilization and others, has the potential to cause pollution and damage to the environment. The opposition to the discourse of holding corporations accountable in criminal law has always been justified. The argument is also inseparable from the natural flows of criminal law, both the classical flow (daad strafrecht), the modern flow (dader strafrecht) and the neoclassical flow (daad-dader strafrecht) which only sees individuals as perpetrators or legal subjects. It is not necessary to prove the guilt committed by the Corporation in carrying out its business activities of using, producing, managing hazardous and toxic waste (B3), which as a result of the act poses a serious threat to environmental damage is a positive progress towards the development of criminal law politics in Indonesia. This research is normative juridical in the form of analysis regarding legal norms both international conventions and provisions of Indonesian positive law that regulate corporate liability as perpetrators of environmental pollution crimes. With the formulation of the problem, how is the regulation of environmental management crimes that can be committed by corporations and how is the criminal liability of corporations as perpetrators of environmental pollution crimes. The conclusion show that the Criminal Code (KUHP) only recognizes individuals as subjects of criminal law, while corporations have not been considered as subjects of criminal law. 
Co-Authors Danial Syah Dikko Ammar Gema Rahmadani indra gunawan purba M. Faisal Rahendra Lubis Syarifuddin Syarifuddin