Kuswardani, Handrawan, Mazlena Mohamad Hussain, Marisa Kurnianingsi, Andria Luhur Prakosa
{"title":"刑法中和解的人性价值:印尼刑法更新的视角","authors":"Kuswardani, Handrawan, Mazlena Mohamad Hussain, Marisa Kurnianingsi, Andria Luhur Prakosa","doi":"10.33561/holrev.v6i2.1","DOIUrl":null,"url":null,"abstract":"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.","PeriodicalId":249335,"journal":{"name":"Halu Oleo Law Review","volume":"94 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Humanity Values on Reconciliation in Criminal Law: Indonesian Criminal Law Renewal Perspective\",\"authors\":\"Kuswardani, Handrawan, Mazlena Mohamad Hussain, Marisa Kurnianingsi, Andria Luhur Prakosa\",\"doi\":\"10.33561/holrev.v6i2.1\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"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.\",\"PeriodicalId\":249335,\"journal\":{\"name\":\"Halu Oleo Law Review\",\"volume\":\"94 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-09-28\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Halu Oleo Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.33561/holrev.v6i2.1\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Halu Oleo Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.33561/holrev.v6i2.1","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Humanity Values on Reconciliation in Criminal Law: Indonesian Criminal Law Renewal Perspective
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.