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Record W3168618702 · doi:10.6000/1929-4409.2021.10.119

Application of Ultimum Remedium Principles in Progressive Law Perspective

2021· article· en· W3168618702 on OpenAlex
Hamidah Abdurrachman, Achmad Irwan Hamzani, Fajar Ari Sudewo, Havis Aravik, Nur Khasanah

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

venuePublished in a venue whose home country is Canada.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueInternational Journal of Criminology and Sociology · 2021
Typearticle
Languageen
FieldSocial Sciences
TopicIndonesian Legal and Regulatory Studies
Canadian institutionsnot available
Fundersnot available
KeywordsLawCriminal lawLaw enforcementPublic lawCriminal justiceMunicipal lawPolitical scienceComparative lawCivil law (Civil law)MindsetComputer science

Abstract

fetched live from OpenAlex

Ultimum remedium is one of the principles contained in Indonesian criminal law which says that criminal law should be made a final effort in the case of law enforcement. However, law enforcement through the criminal justice system is currently still dominated by the positivism mindset, a way of (criminal) law enforcement which is only based on laws and regulations. In many cases, Criminal Law is used as the only way of order. The purpose of this research is to describe the concept of Ultimum remedium in criminal law, criminal law enforcement practices in Indonesia, and criminal law enforcement concepts in the progressive law paradigm. This research used a philosophical approach discussing law enforcement idealism in the future. The data used were the qualitatively analyzed secondary data. The research results showed that the Ultimum remedium principle has not been completely implemented in law enforcement. Consequently, the burden for crime settlements got bigger and made the law enforcers busier. The Ultimum remedium principle is supported by various considering bases or grounds from the constitutional law aspect, political science, criminal law, and humanism consideration or human rights. Law enforcement in Indonesia was viewed as stagnant and discriminative law enforcement. It was illustrated as a spider web that can only trap the weak but will be easily torn by the rich and strong. Factors inhibiting law enforcement in Indonesia include weak political will and political action of the state leaders to make law as the commander. The regulations and laws reflect the political interests of authorities more than those of the society. Thus, criminal law enforcement is greatly necessary for the progressive law paradigm. Progressivity is greatly required in law enforcement. Progressive law departs from the humanistic perspective. Thinking progressively means having the courage to get out from the law absolutism thinking mainstream and positioning law in the relative position located in the entire humanistic problems.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.279
Threshold uncertainty score0.591

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.002
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.047
GPT teacher head0.359
Teacher spread0.313 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it