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Ryan Sukma Wibawa; Fence M. Wantu; Dian Ekawty Ismail

International Journal of Law, Crime and Justice 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The purpose of the study was to analyze the legality and limits of police repressive actions against protests that resulted in riots. This type of research is normative legal research with a legislative approach, a case approach and a conceptual approach. The analysis used in this study is an analytical descriptive technique. The results of the research show that the law is always used as a guideline in limiting all citizens' behavior to stay on the right path. Protests often lead to riots, destruction of public facilities, attacks on officers, and violations of public order, so that there is a criminal threat for protesters who do not maintain order and security. The regulation of police repressive actions in protests that result in chaos still needs special refinement in the context of protests, among which the substance of repressive actions must also harmonize technological developments and digitalization in security maintenance. The rules need to be updated by adding objective indicators of threats, public accountability mechanisms, transparent documentation obligations, measurable proportionality standards, and room for recovery for victims of abuse of power.

Mohamad Qosim Thalib; Fence M. Wantu; Dian Ekawaty Ismail

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research examines the reconstruction of Article 4 of the Corruption Crime Law regarding the return of state financial losses through a progressive legal approach. This research uses sociological normative legal research methods with statutory and conceptual approaches. The results show that the provision of Article 4 which states that the return of state financial losses does not eliminate punishment needs to be recon-structed to accommodate the principles of restorative justice and legal incentives for perpetrators who voluntarily return state losses. The reconstruction does not completely eliminate punishment, but provides different treatment based on the level of cooperation of the perpetrator. For corruption cases with relatively small state losses, a restorative justice approach is more appropriate considering that case handling costs are often greater than the value of losses. This research recommends reformulating Article 4 to provide op-portunities for administrative settlement within a certain timeframe before proceeding to criminal pro-ceedings.

Srinorindra Rahayu Budiiswanti; Fence M. Wantu; Avelia Rahma Y. Mantali

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze legal protection for female workers who are laid off (PHK) and to find solutions to obstacles in providing legal protection for female workers who are laid off (PHK). The methodology used in this study is normative legal research, while the research approach used is a legislative approach where the relevant laws and decrees are sought and studied, and other decisions related to the legal issues being studied are matched by discussing thoughts and lessons or teachings in the field of law, and matching the formulation of the problem based on cases in the world of work related to the material being discussed. The results of the study indicate that various legal instruments, both national and international, have regulated protection for female workers, especially in situations of layoffs. Law No. 13 of 2003 concerning Manpower and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) which has been ratified by Law No. 7 of 1984 have provided a clear legal basis regarding the prohibition of layoffs against women on the grounds of pregnancy, childbirth, or marriage. In addition, compensation and industrial dispute resolution are also regulated to ensure that the rights of female workers are protected. However, there are still gaps in the implementation of this legal protection, especially related to the lack of knowledge of workers regarding their rights and the uneven implementation of policies in various industrial sectors. Implementation obstacles in regulating the legal protection of female workers, namely work agreements that are not in accordance with regulations, the lack of general sanctions, and workers' ignorance of their rights are obstacles. The state needs to integrate international conventions into national law and ensure that violators receive appropriate sanctions. Many female workers are not yet fully aware of their rights, which hinders effective protection.

Mohammad Rivaldi Lasulika; Fence M. Wantu; Julisa Aprilia Kaluku

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to determine the position of restorative justice in the criminal justice system in Indonesia and to determine the application of restorative justice in the criminal justice system. This type of research uses empirical legal research, empirical legal research is a legal research method that functions to see the law in real terms and examine how law works in society. The position of restorative justice in the criminal justice system in Indonesia can provide justice that focuses on the needs of the victims, perpetrators of crimes, and also involves community participation, and does not merely fulfill legal provisions or merely impose criminal penalties. In this case, the victim is also involved in the process, while the perpetrator of the crime is also encouraged to take responsibility for his actions, namely by correcting the mistakes he has made. The implementation of restorative justice in the criminal justice system can be seen from various policies and laws and regulations currently in force, but in reality there are inconsistencies between enforcement officials in implementing restorative justice in a case. In fact, many cases ignore restorative justice and result in the criminal being convicted.