Handrawan’s scientific contributions

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Publications (1)


Humanity Values on Reconciliation in Criminal Law: Indonesian Criminal Law Renewal Perspective
  • Article
  • Full-text available

September 2022

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21 Reads

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1 Citation

Halu Oleo Law Review

Kuswardani

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Handrawan

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Mazlena binti Mohamad Hussain

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[...]

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Andria Luhur Prakosa

The aim of the paper is to explain humanitarian values on reconciliation of criminal law in the reform of the Penal Code. Reconciliation is a tool to accomplish a problem or law cases that occur in the private and public fields. Currently, reconciliation has been often used to resolve criminal cases, because this solution is more oriented toward human values. The research is library studies, so secondary data (journals, legal documents, and literature) is the main data. The result of the research shows that there are two approaches to discussing human values of reconciliation. Firstly, the values approach shows that reconciliation as consensus - discussion is an admission of guilt in the form of apology, which is containing equality values, rationality, frankness, righteousness, and transparency. Secondly, the policy approach indicates that consensus – the discussion has flexible value and is proportional.

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Citations (1)


... the reification of national law reform, as an endeavor to establish the relevance of normative products to community culture, serves as a strategic agenda in disseminating indonesianism. the historical trajectory of being under Dutch, British, and Japanese rule since the 16th century has witnessed the transformation of the 'indonesian nation' from a diverse array of small feudal kingdoms into a unified entity forged in solidarity amidst suffering and subjected to legal engineering during the colonial period (wirabakto, 2022). the pivotal role of customary law, coexisting with hindu-Buddhist and islamic law for more than a millennium, was marginalized due to the principle of concordance enforced by the Dutch government (Kuswardani et al., 2022). Consequently, the evolution of indonesian legal culture ensued, mirroring Dutch european-Continental law in various domains, including criminal, civil, administrative, and procedural law (arifin & Primadianti, 2023). ...

Reference:

Genuine paradigm of criminal justice: rethinking penal reform within Indonesia New Criminal Code
Humanity Values on Reconciliation in Criminal Law: Indonesian Criminal Law Renewal Perspective

Halu Oleo Law Review