VOlUME 06 ISSUE 02 FEBRUARY 2023
1Sri Endah Wahyuningsih,2Setiyowati,3HR. Mahmuhtarom,4Muchamad Iksan
1Faculty of Law, Sultan Agung Islamic University, Semarang, Indonesia
2Doctoral Program, Faculty of Law, Sultan Agung Islamic University, Semarang, Indonesia
3Faculty Of Law, Wahid Hasyim University, Semarang, Indonesia
4Faculty Of Law, Muhammadiyah Surakarta University, Surakarta, Indonesia
DOI : https://doi.org/10.47191/ijsshr/v6-i2-41Google Scholar Download Pdf
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.
KEYWORDS:Crime, Elderly, Justice, Restorative, Indonesia
REFERENCES
1) S. E. Wahyuningsih, “PENANGGULANGAN MONEY LAUNDERING DALAM RANGKA,” vol. II, no. 1, pp. 46–56, 2015.
2) C. L. Lawson and J. Katz, “Restorative justice: an alternative approach to juvenile crime,” vol. 33, pp. 175–188, 2004.
3) S. E. jawade ha Wahyuningsih, “The Development Of The Indonesian Criminal Code Derived From The Yudicial Pardon Value In Islamic Law,” vol. 11, no. 2, 2017.
4) D. Wahyono, “THE CRIMINAL RESPONSIBILITY BY CORPORATE,” Int. J. Law Reconstr., vol. 5, no. 1, p. 126, May 2021.
5) S. E. Wahyuningsih, N. Adi, and M. Iksan, “The role of scientific testimony in the process of investigation of crime in Indonesia,” pp. 97–103, 2018.
6) A. Peters, “Corruption as a Violation of International Human Rights,” Eur. J. Int. Law, vol. 29, no. 4, pp. 1251–1287, 2018.
7) I. K. Seregig, T. Suryanto, B. Hartono, E. Rivai, and E. Prasetyawati, “Preventing the acts of corruption through legal community education,” J. Soc. Stud. Educ. Res., vol. 9, no. 2, pp. 138–159, 2018.
8) I. G. A. Darma, I Made Wirya; Wisudawati, Ni Nyoman Sri; Kurniawan, “Mutual Legal Assistance (Mla) in the Resolution of Narcotics Crime as a Transational Organized Crime,” Kertha Patrika, vol. 42, no. 1, pp. 52–60, 2020.
9) T. Harmanto, B. Oktafian Abriato, and X. Nugraha, “Penal Mediation by Police Institution in Handling Hate Speech Through Electronic Media: A Legal Efforts To Resolve With A Restorative Justice Approach,” Int. J. Artif. Intelegence Res., vol. 6, no. 1, pp. 2579–7298, 2022.
10) K. Walby, J. Piché, and B. Friesen, “International Journal of Law, Crime and Justice ‘… they didn’ t just do it because it was a job ’: Representing wardens in Canadian penal history museums,” Int. J. Law Crime Justice., vol. 53, no. June 2017, pp. 1–8, 2018.
11) C. T. S. Kristiyanti, “LEGAL PROTECTION OF THE PARTIES IN CREDIT AGREEMENT WITH FIDUCIARY GUARANTEE AFTER THE ISSUENCE OF CONSTITUTIONAL COURT DECISION No. 18/PUU-XVII/2019,” NOTARIIL J. Kenotariatan, vol. 6, no. 2, pp. 65–77, Dec. 2021.
12) Z. Zainuddin, “Restorative Justice Concept on Jarimah Qishas in Islamic Criminal Law,” J. Din. Huk., vol. 17, no. 3, p. 335, 2017.
13) D. Rahmat, “The Effectiveness of Law Enforcement on Illegal Logging Based on the Value of Justice,” UNIFIKASI J. Ilmu Huk., vol. 7, no. 1, p. 28, 2020.
14) S. E. Wahyuningsih, I. D. P. G. A. Danujaya, and M. Iksan, “Policy of criminal sanctions against corporations using illegal foreign workers in Indonesia,” Int. J. Innov. Creat. Chang., vol. 12, no. 10, pp. 166–182, 2020.
15) A. Rofiq, H. S. Disemadi, and N. S. Putra Jaya, “Criminal Objectives Integrality in the Indonesian Criminal Justice System,” Al-Risalah, vol. 19, no. 2, p. 179, 2019.
16) E. N. Butarbutar, “Constitutional Issue of the Executional Power of Fiduciary Certificates as Equal to Court Decision,” J. Konstitusi, vol. 19, no. 3, p. 606, Aug. 2022.