Implementation of Restorative Justice on Elderly Actors in Criminal Law Enforcement Based on Justice Value in Indonesia
Journal Title: International Journal of Social Science And Human Research - Year 2023, Vol 6, Issue 02
Abstract
This study aims to analyze regulations related to the formulation of regulations on the application of criminal sanctions against elderly perpetrators, which at this time it is still possible to be sentenced to imprisonment which causes injustice to elderly people. So, it needs fair law enforcement. This study uses the constructivism paradigm, the type of research in the form of doctrinal law, and a juridical -normative approach. The data used in this study are secondary data obtained by conducting literature studies on various regulations and books, research results and various journals. The data obtained was then analyzed using a qualitative descriptive method. The results of this study are that criminal sanctions against elderly perpetrators (elderly) are still considered not fulfilling the principle of justice because the elderly factor as a judge's consideration in sentencing must look at Indonesia's positive legal arrangements, namely the Criminal Code. For now, the Criminal Code does not specifically regulate the factor of old age as a judge's consideration in sentencing. Thus, for criminal cases involving the defendant who is an elderly person, in applying positive law, the judge must look at the values and sense of justice that grow in society. The values here are related to social values that exist in society, namely, what is desired that influences social behavior and has a functional power in the development of life that has been going on for a long time in the habits of behavior in everyday life, while the sense of justice that grows in society reflects the form of the balance of social values in society in law. Weaknesses related to regulatory arrangements for the application of criminal sanctions against elderly offenders (elderly) at this time since the Criminal Code still adheres to a retributive system and the Restorative System has not yet been regulated. Justice in the Criminal Code Against Elderly Actors. Weaknesses in terms of legal structure due to factors Law Enforcement Officials tend to have a positivistic view of law and the rights of the elderly in the criminal system are still neglected. Weaknesses in terms of legal culture are due to the Psychological Consideration Factors of the Elderly and the Legal Awareness factor of the Elderly Community which is still lacking.
Authors and Affiliations
Sri Endah Wahyuningsih, Setiyowati, HR. Mahmuhtarom, Muchamad Iksan
Keywords
Related Articles
- EP ID EP713019
- DOI 10.47191/ijsshr/v6-i2-41
- Views 61
- Downloads 0
An Analysis of Speech Acts: Request in Daily Conversation
In daily conversation, people frequently communicate implicitly as an issue that is covered in illocutionary acts. Illocutionary acts have five types, they are representative/assertive, directive, commissive, expressive...
The Concept of Cultured Divinity in a Plural Society of Indonesia
The principle of cultured divinity is a commitment to maintain and respect various religious beliefs that exist in Indonesia. The values that are carried out in the principle of divinity that are cultured have vertical a...
Community Empowerment in the Development of Natural Tourism Villages in Improving Community Welfare in Abiansemal Village, Badung Regency
This paper is the result of Community Service activities located in Abiansemal Village, Abiansemal District, Badung Regency. The potential of the village owned by Abiansemal Village is in the form of natural scenery that...
Asset Selection and Portfolio Management on LQ 45 Using Active and Passive Management Strategy
The aim of this research is to build a stock portfolio contained in the LQ 45 index using passive and active strategy methods based on financial report data published during the 2016-2019 period, choosing that year to av...
Independence and Neutrality Journalists Ahead 2024 Indonesian Presidential Election in Perspective Media Conglomerates
This research explains the independence and neutrality of journalists ahead of the 2024 Presidential Election from the perspective of media conglomerates. The independence and neutrality of journalists are urgently neede...