Restorative Justice Dan Prospek Kebijakan Idealnya Dalam Hukum Pidana Indonesia

Crime prevention through the means of criminal law with the conventional characteristics expensive, unjust, immoral and failure continues to be a central issue of criminal law. Criminal law is also constantly criticized for its negative impacts such as stigmatization, dehumanization and prisonization which tend to be crimi:10genic. State's failure to meet "promise" to protect citizens from crime continues to be a global issue roll away. The central role of the state, monopolistic in the crime prevention is also constantly harassed. State "required" divide the role in the prevention of crime proportionally with the community. Restorative justice which carries the '!balance of role idea in the prevention of crime be interesting issue that deserves appreciate academically

Modernization of Indonesian Islamic Education: The Experience of Nahdatul Ulama

Through this article, I will explain the role and contribution of Nahdlatul Ulama which is not small towards the need to educate the nation's life. This contribution seems even greater, if you look at how Nahdlatul Ulama educational institutions such as Islamic boarding schools, madrasas, schools and Nahdlatul Ulama colleges which were founded traditionally on the initiative and participation of the community through the spirit of Lillahi Ta'ala can now develop rapidly and even become the choice of the people. . The Nahdlatul Ulama educational institution is able to serve the educational needs of the community and reach all regions of Indonesia that other public schools have not managed to reach through the conventional school system or Presidential Instruction schools. Overall, the modernization of Nahdlatul Ulama education is carried out in all aspects of education, such as: objectives, curriculum, methods, human resources and institutions. The fact that can be seen is the increasing development of Nahdlatul Ulama's educational institutions, from kindergartens to quality universities

Ketentuan Pidana Denda Bagi Pelaku Anak dan Relevansinya dengan Ide Individualisasi Pidana (Studi Kritis terhadap UU No. 3 Tahun 1997 Tentang Pengadilan Anak)

(Basically, because of child is judicially viewed as law subyek having the specially character of its ability of his act he must treated proper child peculiarly also. A child in a condition any have to remain to obtain;get guarantee judicially, that he will obtain;get protection to best importance [of] him to be able to grow and expand healthyly is, well-balanced, harmony and compatible either through physical and also by psikhisIndonesian Act Number 3 year 1997 about Justice of Child not yet given protection maximally to importance of child especially having problem with its relate to rule of crime fine to child. Rule of crime fine to child which [s arranged in Indonesian Act Number 3 year 1997 still viewed as very norm represif, considering its rule only relied on principle responsibility of crime pursuant to criminal responsibility. Usage of principle responsibility of crime pursuant to mistake in Indonesian Act Number 3 year 1997 resulting possibility inexistence transferring of crime fine to child others including old fellow or his sponsor. Hence require to be thought it over possibility adopting of principle responsibility of substitution crime in Indonesian Number 3 year 1997 about Justice of Child)

Preventive Measures As Strategic Attempts to Cope with Criminal Acts of Corruption in Indonesia

Corruption becomes a latent danger in almost all countries, including Indonesia. Therefore, any strategies to tackle it are always conducted. In some countries, imposing a serious punishment is the strategy chosen with the goal of giving deterrent effects to the perpetrator. In some countries, preventive measures are preferred to overcome corruption. It is intended to eliminate the root cause of corruption. This present article proposes the idea of preventive measures as a strategy to cope with corruption in Indonesia. Two main problems will be examined in this article: The first is why preventive measures become a strategy chosen to tackle criminal acts of corruption in Indonesia. The second is how theories justify the preventive measures to cope with criminal acts of corruption. Through a doctrinal approach, this study produced the following conclusions. First, preventive measures are the most strategic causative effort to cope with criminal acts of corruption in Indonesia. Second, preventive measures are justified by various theories in criminal law. Keywords: preventive measure, strategy, coping with criminal act, corruption in Indonesia, criminal la

Minority Muslims and freedom of religion: Learning from Australian Muslims’ Experiences

This article aims at diagnosing the development of Ummah while Muslims are living as minority in Australia. Through a sociological approach, qualitatively, some issues considered in understanding the development are practices of secularism, multiculturalism and protection of human rights. This academic framework in comprehending the development might be claimed as a new trajectory of sociological exploration. Accordingly, this study is proposed to become a preliminary research on Muslims’ freedom of religion living in secular country. This article finds that Australia is a state that consistently has protected its citizens’ freedom of religion and the Australian government, in dealing with social and religious issues, and law enforcement, has worked professionally. However, Muslims have faced challenging realities of cases of discrimination coming from fundamentalist Christians. The cases, indeed, can be mitigated through inter-religious dialogue and cooperation. This article argues that, so far, the development of Ummah in the country has been running well. Under the protection of a secular state, minority Muslims in Australian multicultural societies can enjoy their freedom of religion. Practices of inter-religious tolerance are stronger than the tensions and conflicts have happened.. Artikel ini bertujuan untuk mendiagnosa kondisi pembangunan umat ketika kaum Muslim hidup sebagai minoritas di Australia. Melalui pendekatan sosiologis, secara kualitatif, pelbagai isu yang dipertimbangkan adalah praktik sekularisme, multikulturalisme dan penegakan HAM. Kerangka kerja yang demikian dalam memandang pembangunan umat, dapat diklaim sebagai hal yang baru. Karena itu, studi ini diusulkan sebagai studi pendahuluan mengenai elaborasi sosiologis terhadap kebebasan beragama minoritas Muslim yang hidup di negara sekular. Artikel ini menemukan bahwa Australia adalah negara yang secara konsisten melindungi kebebasan beragama warga negaranya dan pemerintahnya bekerja secara profesional terutama dalam penegakan hukum. Tetapi, kasus-kasus diskriminasi masih terjadi, terutama oleh Kristen fundamentalis terhadap kaum Muslim. Tentu saja hal itu dapat dimitigasi melalui dialog dan kerjasama antar agama. Artikel ini berargumentasi bahwa, sejauh ini kondisi pembangunan umat berjalan dengan baik. Di bawah perlindungan negara sekular, Muslim minoritas yang hidup di tengah masyarakat multikultural dapat menikmati kebebasan beragama. Praktik-praktik toleransi yang ada, lebih kuat ketimbang tensi dan konflik antar-agama yang terjadi

Marital Rape in Indonesian Criminal Law Perspective

At the initial phase of the regulation setting, the potential ineffectiveness of Law Number 23 Year 2004 (The Eliminination Of Domestic Act) has been indicated prior to the enactment of the related law as there was an emergence of pros and cons toward the criminalization of rape in marriage.  The debate on rape in marriage involves at least two different views that are opposed each other. First, the view that rejects the criminalization of marital rape. The view derives from the basic assumption that the marriage rape enactment in criminal law will against the religious and cultural values. This view assumes that sexual intercourse is understood as an obligation of a wife in serving her husband. Second, the view that supports the marital rape enactment in criminal law as criminal offense. The view argues that no one including the husband is allowed to impose his will on others, especially toward his wife. Every individual is equal before the law. Keywords: Reconstruction, Marital Rape, Certainty of La

Exploring Pawn and its Legal Practices in Indonesia: A Study of Challenges and Solution

Pawnshops exist to provide loans based on lawful agreement in which the provided loans could bring a number of risks in loan return. Moreover, pawnshops are expected to be able to provide legal certainty to creditors on debt payment. Moreover, the implementation of this pawn system often faces problem in the valuable items secured as collateral in fiduciary agreement in which the debtor has a right over the collateral and the object used as collateral may rapidly move. This problem is deemed crucial for pawnshops as non-bank loan providers which give loans to societies, apart from unpaid debts. It demands thorough and analytical examination in order to be more accurate in determining the value of object secured as collateral, or pawnshops will keep facing such a serious problem in term of the status of collateral put for loans. Collateral-related problems are becoming more complicated, as these problems are not only included in civil law anymore, but they may also take criminal law. As a consequence, this collateral problem which is involved in civil code may no longer become a single case, as it is also taken as criminal conduct. This condition highly requires pawnshops to be more careful, thorough, and analytical in receiving collateral set as a security. Therefore, in line with the vast development of Indonesian economy, pawnshops whose rule is based on Dutch’s legal system require legal certainty concerning pawn problems rising in its practice