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Reconstruction of Law Enforcement Regulations on Female Circumcision by Medical and/or Healthcare Personnel: Equity-based Health
Regulation of Law Enforcement of Female Circumcision by Medical and/or Health Workers has not been concretely regulated in the positive law applicable in Indonesia, and its implementation is not yet based on justice. The purpose of this research is to analyze and find out why this is the case, what the weaknesses are in the current regulation of the law enforcement in these cases, and how to reconstruct these regulation. Research results: 1. The current Regulation of Law Enforcement of Female Circumcision by Medical Personnel and/or Health Workers in the positive law of Indonesia is not yet based on justice. 2. Regarding these law enforcement, there is no legal substance that concretely regulates it. From the legal structure, there is no knowledge and understanding of health law among law enforcement officers, so there is no uniformity in the way the law is enforced. From the legal culture, there is still limited understanding and awareness of health law for the Indonesian people. 3. The Regulation of Law Enforcement of Female Circumcision is to provide balanced protection and law enforcement to female circumcision perpetrators and society in general. Reconstruction of legal norms Article 102 letter a of Government Regulation Number 28 of 2024 concerning the Implementing Regulations of the Health Law can produce regulation of Law Enforcement of Female Circumcision by Medical Personnel and/or Health Workers in Indonesia, which is balanced in terms of legal certainty, legal benefits, and the sense of justice of the community.
Copyright (c) 2025 Yerniah Iswanti Usman https://creativecommons.org/licenses/by/4.0
Legal Protection of Citizens' Privacy Rights Based on the Principle of Jus
The development of digital technology has created serious challenges to the protection of citizens’ privacy rights. The rampant leakage and misuse of personal data by the public and private sectors shows the weakness of existing legal protection. Although Law Number 27 of 2022 concerning Personal Data Protection has been enacted, the effectiveness of its implementation is still in doubt, especially in ensuring justice for victims of privacy violations. This article analyzes the legal protection of privacy rights using the principle of justice approach, namely distributive, corrective, and procedural justice. The approach used is juridical-normative, complemented by case studies of personal data violations. The results of the study show that legal protection of privacy rights is still inadequate in substance. Therefore, the principle of justice needs to be used as the main foundation in the reconstruction of the legal system in the digital era.
Copyright (c) 2025 Zuhdi Arman https://creativecommons.org/licenses/by/4.0
Fulfillment of Legal Objectives in Handling Corruption Cases Through Asset Recovery
The benchmark for success in eradicating corruption is currently not only measured by how many perpetrators are punished, but by how much state financial loss has been recovered. So that the eradication of criminal acts does not only follow the suspect but also prioritizes the principle of follow the money and follow the asset. The purpose of this study is to describe and analyze the legal rules in the confiscation of assets of corruption convicts and determine the ideal rules to regulate asset confiscation in the future. This legal research uses a normative juridical legal research approach method, namely legal research conducted by examining library materials or secondary data as basic materials for research by conducting searches of regulations and literature related to the problems being researched. Corruption comes from the Latin word “corruption” which means damage or decay. Corruption is a crime included in Extra Ordinary Crime category and is one of its serious impacts is harming state finances. The Corruption Eradication Law explicitly mandates efforts to carry out asset recovery actions against assets resulting from corruption. This is regulated in the provisions of Article 18 of the Corruption Eradication Law which explains that perpetrators of corruption can be subject to additional penalties in the form of confiscation of tangible or intangible movable goods or immovable goods used for or obtained from corruption, including companies owned by convicts where corruption is committed, as well as goods that replace these goods. This can be the basis for law enforcement officers to carry out asset recovery efforts. The concept of asset recovery is closely related to asset tracing, and both must be carried out simultaneously and cannot run alone. It is hoped that the government can immediately draft and ratify legislation that specifically regulates the implementation of asset recovery, especially in the eradication of criminal acts of corruption.
Copyright (c) 2025 Fathur Rozy, Firdo Lingga, Trubus Wahyudi https://creativecommons.org/licenses/by/4.0
The Urgency of Enforcing Retitution Obligations for Victims of Sexual Violence in the Indonesian Criminal Legal System
Restitution is a form of restoration of victims’ rights that is starting to receive serious attention in the Indonesian criminal law system, especially in cases of sexual violence. So far, legal attention has focused more on perpetrators of crimes, while the restoration of victims’ rights has not been fully accommodated optimally. This research aims to analyze the procedures for implementing restitution and its urgency for victims of sexual violence based on Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS). The research method used is normative juridical with a statutory approach and legal literature as the main data sources. The research results show that the TPKS Law clearly stipulates the obligation of restitution as part of criminal decisions, both against individuals and corporations. Restitution includes compensation for the victim’s material and immaterial losses, as well as medical and psychological treatment costs. The security confiscation and asset auction mechanisms are regulated to ensure legal certainty regarding the implementation of restitution. If the perpetrator is unable to pay, the state is obliged to provide compensation according to the verdict. However, in practice, law enforcement officials often ignore the inclusion of restitution in demands or decisions. Fulfilling restitution in the future requires the active role of prosecutors in demanding restitution, as well as full support from the justice system to make restitution an inseparable part of substantive justice for victims of sexual violence.
Copyright (c) 2025 Bayu Novrian https://creativecommons.org/licenses/by/4.0
Resilience of Coastal Areas in Facing Tidal Disasters: A Study in Bedono Village, Demak
Indonesia as an archipelago with the second longest coastline in the world is very vulnerable to coastal disasters, one of which is tidal flooding caused by sea level rise. This research examines the community’s adaptation strategy in facing tidal floods and its impact on regional resilience, with a focus on Bedono Village, Sayung Subdistrict, Demak Regency. This research used descriptive qualitative methods through observation, interviews, documentation, and literature study. The results showed that tidal floods have changed the physical, economic, social, and environmental conditions of the community, triggering vulnerability and reducing regional resilience. Adaptation strategies carried out by the community include physical adaptation (modification of houses and infrastructure), economic (change of profession), and social (adjustment of social activities and education). However, these adaptations are still limited due to low community capacity and lack of government support. The main constraints faced are the increasing intensity of tidal flooding, low strategic value of the village, limited local government budget, and lack of infrastructure. Tidal flooding has negatively impacted five of the eight dimensions of regional resilience, namely geography, natural resources, demography, economy, and socio-culture. However, the ideological, political, and security dimensions remain stable. This research emphasizes the importance of cross-sectoral support and long-term policies to strengthen the resilience of disaster-affected coastal areas.
Copyright (c) 2025 Sigit Lesmonojati, Anis Mashdurohatun, Jaka Kusnanta https://creativecommons.org/licenses/by/4.0
Conflict of Norms and Ideal Concepts in the Implementation of Restorative Justice in the Criminal Justice System in Indonesia
The development of the criminal justice system in Indonesia, which was previously implemented with a retributive system, has not been fully able to fulfill the sense of justice for the community. A policy was issued with a restorative justice system that is oriented towards justice, considering that victims of criminal acts can not only experience material losses but are very likely to experience immaterial losses. The definition of restorative justice is an effort to provide a restoration of relationships and redemption of mistakes that the perpetrator of the crime (his family) wants to do to the victim of the crime (his family) with peace efforts outside the court. The intent and purpose are that legal problems that arise as a result of the criminal act can be resolved properly by reaching an agreement between the parties so that there is no element of revenge. This research is a type of normative juridical research, with the specification of descriptive analysis research. It uses research methods obtained by researchers indirectly through intermediary media and using library techniques, in analyzing the formulation of the problem using the theory of law application and the theory of legal protection. Restorative justice is currently not only a concern of the police and the Attorney General’s Office, but also the Supreme Court and several agencies in the Criminal Justice System in Indonesia. This can be seen from the issuance of a Joint Memorandum of Understanding between the Chief Justice of the Supreme Court of the Republic of Indonesia, the Minister of Law and Human Rights of the Republic of Indonesia, the Attorney General of the Republic of Indonesia, the Chief of Police of the Republic of Indonesia Number 131/KMA/SKB/X/2012 Concerning the Implementation of the Application of Adjustments to the Limits of Minor Crimes, the Amount of Fines, Fast Examination Procedures, and the Application of Restorative Justice and Supreme Court Regulation Number 1 of 2024 concerning Guidelines for Trying Criminal Cases Based on Restorative Justice. This requires special attention to the implementation of handling every criminal case that prioritizes restorative justice, because there is a conflict of norms in its application and handling since it is contrary to the Criminal Procedure Code. So, an ideal concept is needed in the criminal justice system in Indonesia, namely its handling by the law enforcement institution of the Attorney General’s Office.
Copyright (c) 2025 Achmad Sulchan, Aji Sudarmaji, Arlin Aditya Meidiana Putra https://creativecommons.org/licenses/by/4.0
Legal Challenges Regarding Social Media Campaign Regulation in the 2024 Election
This study examines the legal challenges associated with regulating social media campaigns in the context of the 2024 Indonesian general election. With the increasingly massive use of social media in politics, there are legal issues that arise related to political campaigns on these platforms. This study considers challenges such as the spread of false information (hoaxes), attempts to bring down political opponents through detrimental content, and unclear regulations related to social media campaigns. The research method used is a normative analysis focused on existing legislation and a descriptive approach to understand the development and impact of social media campaign practices. The results of this study are expected to provide insight into the legal issues that arise in political campaigns on social media, as well as provide a basis for the preparation of more effective regulations in addressing these challenges in the 2024 election. Laws that can be used to face these legal challenges include Law Number 7 of 2017 concerning Elections and Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). The provisions in these laws serve as the legal basis for regulating the implementation of campaigns on social media and responding to legal challenges that may arise in the context of the 2024 Election.
Copyright (c) 2025 Muhammad Ngazis https://creativecommons.org/licenses/by/4.0
Reconstruction of National Road Regulations in Regency/City Areas to Achieve Public Welfare Based on Progressive Law
This paper aims to analyze and reconstruct the regulation of national roads located within regency/city administrative areas in Indonesia. Despite their national status, these roads are often neglected in terms of maintenance and responsiveness to local needs due to administrative fragmentation. This study employs a normative-juridical approach enriched by progressive legal theory. Through doctrinal analysis and legal comparison, it finds that current regulations, particularly Law No. 38 of 2004 on roads, lack synchronization with decentralization principles as outlined in regional autonomy laws. The paper proposes a progressive legal reconstruction, recommending an integrated regulatory model involving local governments in national road management based on the principles of subsidiarity, co-administration (medebewind), and local responsiveness. This model is expected to increase the functionality of national roads, support economic mobility, and ultimately promote public welfare.
Copyright (c) 2025 ‎ Miyadi https://creativecommons.org/licenses/by/4.0
The Role of the Police in Eradication of Motor Vehicle Theft Cases at Jambi Police Office
This study examines the role of the police in eradicating motor vehicle theft cases at the Jambi Police Department. This research method uses a sociological juridical approach, examining social phenomena based on data and facts obtained from direct observation, interviews, or experiments in the field. The results indicate that the Jambi Police Department has a strategic role in efforts to eradicate motor vehicle theft not only as a law enforcer but also as a protector and servant of the community. This role is realized through patrol activities, investigations, enforcement, and counseling to residents to increase awareness. Internal factors such as minimal operational facilities and external obstacles such as low public awareness and high unemployment are the main obstacles. The solutions include increasing synergy between agencies, improving service quality, and fostering active community involvement in maintaining security. The strategies implemented include preventive, repressive, and preemptive approaches to reducing crime rates. To overcome obstacles to implementation, the Jambi Police Department strengthens human resource capacity, establishes crosssector cooperation, and utilizes information technology in reporting and monitoring cases.
Copyright (c) 2025 Muhammad Yoga Dwitama, ‎ Arpangi https://creativecommons.org/licenses/by/4.0
Influence of Democratic Leadership on the Performance of Dokkes Personnel at the Indonesian National Police Headquarters: The Mediating Role of Work Discipline
A democratic leader is a leader who prioritizes member participation in decision-making and involves them in the planning and implementation process of organizational tasks. Democratic leaders also value the opinions and input of team members, creating an inclusive and collaborative work environment. This study investigates the influence of democratic leadership on the performance of personnel at the Medical and Health Center (DOKKES) of the Indonesian National Police Headquarters, with work discipline as a mediating variable. Using a quantitative approach and structural equation modeling (SEM), the study explores both direct and indirect relationships among variables. Findings reveal that democratic leadership positively impacts both work discipline and performance. Furthermore, work discipline serves as a significant mediator in the relationship between leadership and performance. These results underscore the importance of inclusive leadership and regulatory compliance in improving organizational outcomes within governmental institutions.
Copyright (c) 2025 Yusuf Mawadi, Anis Mashdurohatun, Jaka Kusnanta Wahyunatar https://creativecommons.org/licenses/by/4.0
Implementation of Termination of Prosecution Based on Restorative Justice: A Study of Normative Dilemmas in the Prosecutor's Office
The Prosecutor’s Office is one of the institutions in the criminal justice system that has an important position in law enforcement in Indonesia. The authority of the prosecutor’s office includes implementing court decisions in the form of returning criminal assets. In this journal, the problem raised is how the procedure for returning criminal assets is carried out at the Gianyar District Prosecutor’s Office, and whether the implementation of returning criminal assets carried out at the Gianyar District Prosecutor’s Office is in accordance with the principle of transparency. The purpose of writing this journal is to find out the procedure for returning criminal assets at the Gianyar District Prosecutor’s Office and to find out the suitability between the implementation of asset return activities at the Gianyar District Prosecutor’s Office and the principle of transparency. The research method used is the empirical legal research method. Based on the results of the study, the return of criminal assets at the Gianyar District Prosecutor’s Office is carried out in two ways, namely being taken by the owner of the goods by showing proof of ownership of the goods or a power of attorney (if the person taking it is not the original owner), or being delivered directly by the Gianyar District Prosecutor’s Office to the owner of the goods. In addition, the activities of returning criminal assets carried out at the Gianyar District Attorney’s Office have been in accordance with the principle of transparency, as indicated by the openness of information on evidence provided by the Gianyar District Attorney’s Office through the official website of the Gianyar District Attorney’s Office and the official social media of the Gianyar District Attorney’s Office.
Copyright (c) 2025 Dewa Gede Natih Dena Darma Putra https://creativecommons.org/licenses/by/4.0
Application of Criminal Sanctions Against Drug Crimes in Cirebon Jurisdiction
Recently, narcotics and illegal drugs crimes have become transnational in nature, carried out with high modus operandi and sophisticated technology. Law enforcement officers are expected to be able to prevent and overcome these crimes in order to improve the morality and quality of human resources in Indonesia, especially for the next generation. This study aims to determine the application of criminal sanctions against narcotics crime perpetrators in the Cirebon jurisdiction. It uses a normative legal approach and normative legal research method. The legal research is conducted by examining library materials or secondary data. The research specification used is analytical descriptive, used to to analyze and explain legal problems related to objects with a comprehensive and systematic description of everything related to the application of criminal sanctions against narcotics crime perpetrators. This implementation is carried out based on Law Number 35 of 2009 concerning Narcotics. The sanctions given to perpetrators of narcotics crimes are imprisonment for 4 years and a fine of IDR. 800,000,000 (eight hundred million rupiah). Obstacles that arise in the implementation of criminal sanctions against narcotics crime offenders are certainly inseparable from the law enforcement process itself. A crucial problem in law enforcement against narcotics crimes is the difficulty of tracking the whereabouts of narcotics criminals.
Copyright (c) 2025 Andri Winjaya Laksana, ‎ Ardiman https://creativecommons.org/licenses/by/4.0
Ideal Policy Formulation for the Implementation of the Death Crime to Crimes of Corruption in Indonesia
Corruption is a crime that can have a broad impact on a state or nation, therefore overcoming it must be carried out with a firm legal approach. One of the most severe forms of law enforcement is the application of the death penalty, as regulated in the criminal law system in Indonesia. This research aims to analyze the ideal regulations and policies for implementing the death penalty against perpetrators of criminal acts of corruption in Indonesia. The method used is a normative legal research method with a statutory approach. The results of the research show that the death penalty for criminal acts of corruption has been normatively regulated in Article 2 paragraph (2) of Law Number 31 of 1999 jo. Law Number 20 of 2001, however, is facultative and is very rarely applied in judicial practice. The formulation of “certain circumstances” as a condition for criminal aggravation still leaves room for multiple interpretations, thus creating obstacles in the application of the death penalty. Other countries, such as China and Vietnam, have set nominal limits on state losses as the basis for imposing the death penalty against perpetrators of major corruption. This provision provides legal clarity and certainty in the enforcement of heavy criminal sanctions. Indonesia can adopt a similar approach by formulating quantitative parameters as the basis for weighting. It is hoped that this reform will be able to provide a deterrent effect and strengthen the legal system in eradicating corruption more effectively.
Copyright (c) 2025 Raymund Hasdianto Sihotang https://creativecommons.org/licenses/by/4.0
AI Abuse and Its Implications for Global Environmental Law
The development of artificial intelligence (AI) technology has brought extraordinary benefits to various sectors of human life. However, behind its potential, AI also carries serious risks to digital security and the environment. Misuse of AI, including manipulation of emission data, the spread of environmental disinformation, and the use of autonomous AI to hide illegal industrial activities, creates new challenges for criminal law and environmental law. This study uses a normative and conceptual legal approach to examine forms of the misuse of AI and their implications for the global environmental law system. The results show that Indonesia does not yet have adequate regulations. Therefore, it is necessary to establish a new legal framework that is interdisciplinary, responsive to technological developments, and pays attention to the precautionary principle in international environmental law.
Copyright (c) 2025 Muzaki Adi Nugroho, Ratih Mega Puspa Sari https://creativecommons.org/licenses/by/4.0
Reconstruction of the Law on Criminal Acts of Corruption Toward the Prevention of Criminal Acts of Corruption
Corruption is a criminal act against state finances that results in state and economic losses and hinders the progress of the nation and state, so that it is the state’s commitment to eradicate and prevent corruption by making regulations and forming a corruption eradication commission, regulations in the form of corruption laws have changed from Law Number 3 of 1971 concerning the Eradication of Corruption, which is considered ineffective and requires changes to eradicate and prevent increasingly widespread corruption, so that Law Number 31 of 1999 concerning the Eradication of Corruption was passed to comply with the needs and developments of the law and to be able to make the corruption criminal justice system effective, but in line with the increasing cases of corruption that have become extraordinary crimes, changes were made to the corruption law which was then stipulated on November 21, 2021, namely Law Number 20 of 2021 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption.
Copyright (c) 2025 Edward Lamhot Tambunan https://creativecommons.org/licenses/by/4.0
Legal Analysis of the Application of Artificial Intelligence (AI) in a Justice-based Judicial System
Artificial intelligence (AI) is a “machine” that is able to do different things that are considered to require human intelligence to be done, such as recognizing human language, a person’s face, driving, or, in the case of advanced AI, even using production machines in companies. The type of research used in this study is qualitative research using a normative legal approach. Qualitative research is one that aims to find out and explore various events experienced directly by research subjects to then be described using various scientific methods. The legal system faces an increasing amount of data, including laws, court decisions, evidence, and criminal records. AI can analyze big data quickly and efficiently and identify patterns, trends, and relevant information in legal cases. In addition, AI can automate routine tasks such as drafting legal documents, searching for precedents, and analyzing contracts. A significant challenge is the possibility of leakage or misuse of personal data in the digital justice system. Sensitive data such as health information, personal identities, and legal records may be attractive targets for cybercriminals, so prioritizing data protection in the design and implementation of a digital justice framework is essential. Ensuring data encryption is also important to keep information secure.
Copyright (c) 2025 Denny Suwondo https://creativecommons.org/licenses/by/4.0
The Existance of Land Bengkok as a Village Asset in Relation to Sustainable Village Development
This paper aims to identify and analyze the existence of bengkok land as a village asset and a supporter of sustainable village development. The approach used in this research is juridical and sociological, namely combining legal aspects with social reality in the field. The research specifications are descriptive, and data were collected through interviews with related sources and literature studies, then analyzed qualitatively. The results of the study show that the Village Law (Law 6/2014 jo. 3/2023), Permendagri 1/2016 and Permendagri 3/2024 state that the existence of bengkok land is a village asset or is referred to as village treasury land. This is because the regulation recognizes the original rights. Bengkok land is village land allocated to the village head and his staff as a source of additional income, which can be managed and utilized for activities such as farming, fish farming, or renting but with the restriction that it cannot be sold or mortgaged without permission from the village. Proper management of bengkok land can support sustainable village development. Utilization of bengkok land for organic farming, renewable energy, or ecotourism can boost the economy. The success of bengkok land management is highly dependent on the active participation of the village community. Transparency and accountability in the management of village assets are essential to prevent misuse and ensure that the benefits are felt by all residents.
Copyright (c) 2025 Umar Ma'ruf, Siti Rodhiyah Dwi Istinah, Wulan Yulia Ananta https://creativecommons.org/licenses/by/4.0
The Application of Affidavits in Bankruptcy Proceedings: A Comparative Study of Indonesia, Malaysia, and Singapore
In bankruptcy cases, affidavits are commonly used as written evidence that is both effective and efficient for simple evidentiary procedures before the court. In countries adhering to the civil law system, such as Indonesia, affidavits are implicitly regulated under Article 1866 of the Civil Code (KUH Perdata) and Article 164 of the HIR/Article 284 of the RBg, classified as written evidence in the form of documents. On the contrary, in countries with common law systems, such as Malaysia and Singapore, the application of affidavits as evidence in bankruptcy cases differs significantly. This study aims to examine the application of affidavits in bankruptcy cases across several countries, including Indonesia, Malaysia, and Singapore. It employs normative legal research methods by analyzing legal documents within the context of bankruptcy law. The study utilizes statutory, conceptual, and comparative approaches, relying on secondary data collected through library research encompassing primary, secondary, and tertiary legal materials. The findings of this study indicate that in Indonesia, affidavits cannot be classified as authentic deeds and do not possess the characteristics of conclusive evidence, thus they cannot be equated with witness testimonies. However, affidavits can be used as ordinary written evidence to support other evidence, assisting judges in efficiently resolving bankruptcy cases within a limited examination period. In contrast, in Malaysia and Singapore, affidavits in bankruptcy cases are generally used as authentic deeds, sworn before a commissioner for oaths or notary public, and are required to be submitted as evidence by both creditors and debtors in court proceedings. Thus, the distinction between common law and civil law systems in the application of affidavits is clearly lied at their level as a tool of evidence in bankruptcy proceedings.
Copyright (c) 2025 Rado Fridsel Leonardus, Ricky Shandy, Sheva Trisanda Adistia, ‎ Winanto, Tata Wijayanta https://creativecommons.org/licenses/by/4.0
Health as Social Justice: Reconstructing the Health Law Paradigm Through a Legal Political Philosophy Approach
The Indonesian health law system remains predominantly administrative and technocratic in nature, thereby falling short in ensuring social justice in the distribution of healthcare services, particularly for vulnerable groups such as indigenous communities in underdeveloped, remote, and outermost (3T) regions. This study aims to reconstruct the paradigm of health law in Indonesia through the lens of legal political philosophy in order to promote a more inclusive, participatory, and sustainable approach to healthcare delivery. Employing a qualitative descriptive method, this research utilizes literature review and content analysis to explore and reformulate the health law paradigm based on secondary data interpreted through legal political philosophy. The findings suggest that legal political philosophy plays a critical role in reshaping the health law paradigm by highlighting the interconnection between law, political power, and morality, as well as the state’s responsibility to uphold the right to health in a fair and inclusive manner. This reconstruction must be grounded in principles of justice, transparency, public participation, and ethical integration, transforming health law into a vehicle for social emancipation that strengthens deliberative democracy and substantive justice.
Copyright (c) 2025 Aris Prio Agus Santoso, Tata Mahyuvi https://creativecommons.org/licenses/by/4.0
Legal Analysis of the Responsibility of Perpetrators of Fraud from the Perspective of Gender Justice (Case Study of Criminal Case Decision Number 651/Pid.B/2024/Pn Jkt Pst)
The phenomenon of fraud that occurs massively and regularly in various sectors of life ranging from personal relationships, economic transactions, to digital practices reflects a serious distortion in the value system of society. Therefore, to understand and overcome the phenomenon of fraud crimes comprehensively, an interdisciplinary approach is needed involving legal analysis, sociology, criminology, and social psychology. In addition, the increase in fraud cases also shows weaknesses in the law enforcement system, which is not yet fully effective in carrying out its preventive and repressive functions. The approach method used by the author to compile the assessment uses the Normative Juridical method. The research specifications used in this study are descriptive analysis types. In this study, the author focuses on library research and primary documents in the form of current laws and secondary documents in the form of expert opinions, law books, journals and magazines. The Panel of Judges decided to sentence the defendant to imprisonment for 1 year and 4 months minus the length of time the defendant was detained with an order for the defendant to remain in detention. Although the verdict can be said to be legally correct from a legal-formal perspective, because the elements of Article 378 of the Criminal Code are indeed fulfilled (the existence of trickery, loss to the victim, and the intention to take possession of goods unlawfully), but from the perspective of substantive justice and gender justice, this verdict leaves important questions. In the verdict, there is no description of who the Defendant is in the social context.
Copyright (c) 2025 Dany Agung Pratama, Sri Endah Wahyuningsih https://creativecommons.org/licenses/by/4.0
Implementation of Women's Rights in Divorce Sues at the Religious Court of Jepara
The research aims to examine and analyze the regulation of women’s rights in divorce lawsuits. The research method used is legal research with a sociological legal approach, analyzed using feminist legal theory, progressive legal theory, and the theory of justice in Islamic law. The results of the study show that the regulation of women’s rights in divorce lawsuits at the Religious Court is very important to guarantee legal protection, justice, and the welfare of women after divorce. Based on Law No. 1 of 1974 and the Compilation of Islamic Law, women have the right to iddah, mut’ah, joint property, child custody, and child support. The justice approach through progressive law, feminist legal theory, and Islamic law strengthens protection for women who are often marginalized economically and socially. The Jepara Religious Court together with stakeholders must actively conduct legal socialization and provide execution funding assistance through the APBD (Regional Revenue and Expenditure Budget) or Village Funds to facilitate access to justice for women after divorce.
Copyright (c) 2025 ‎ Arpangi, Ita Puspitasari Hidayati https://creativecommons.org/licenses/by/4.0
Legal Protection for Children as Victims of Criminal Acts of Sexual or Molestation Committed by People Who Have Family Relations and Carried Out Continuously
Attention to children as the next generation has important relevance in the development of human civilization. The approach method used in this research is the normative legal approach method, namely research that positions law as a system of norms regarding the principles, standards, rules of statutory regulations, court decisions, agreements, and doctrines (teachings). Children are not only national assets, but also have the right to protection and be provided with basic rights as regulated in the 1945 Constitution and related regulations. With the ratification of the Convention on the Rights of the Child and the enactment of Law No. 35 of 2014, the state is committed to protecting children from various forms of violence and discrimination. However, the reality shows that children in Indonesia still face many challenges, such as being exposed to violence committed by those closest to them. Therefore, there is a need for attention and real action to create a safe environment for children in all aspects of life.
Copyright (c) 2025 Ria Debora Situmeang https://creativecommons.org/licenses/by/4.0
Legal Effort of the Prosecutor's Office Against the Pre-trial Decision Ordering the Immediate Transfer of the Case to Trial (Case Study of Decision Number 3/Pid.Pra/2018/PN Pso)
Decision number 3/Pid.Pra/2018/PN Pso is a pretrial decision that has permanent legal force because no appeal or cassation can be made, with the following verdict in essence: Declaring the Instruction Letter (P-19) invalid and not binding; declaring the action that stops the prosecution is invalid; ordering the case files to be immediately transferred to the Poso District Court for trial. This thesis aims to study and analyze the authority of the Pretrial Judge in examining and deciding cases regarding the invalidity of the termination of the investigation and the invalidity of the termination of the prosecution based on the Notification Letter of Progress of the Investigation Results; the authority of the Pretrial Judge in ordering the Prosecutor’s Office to immediately transfer the case to trial; legal efforts that can be taken by the Prosecutor’s Office against the verdict ordering the Prosecutor’s Office to immediately transfer the case to trial. It uses a normative juridical method, theory of authority, theory of law enforcement, and theory of criminal justice system. The results of the study show that the Pretrial Judge has exceeded his authority and there has been a judicial error or a clear error in trying the object of the pretrial because the basis for submitting the pretrial application is the Notification Letter of Progress of Investigation Results and there has been no Letter of Termination either at the Investigation or Prosecution level. The Pretrial Judge has exceeded his authority and there has been a judicial error or a clear error in examining and deciding the case to immediately transfer the case files or continue the prosecution of the case to the trial because the one who can determine whether or not a prosecution of a case can be carried out is the Public Prosecutor as dominus litis.
Copyright (c) 2025 I Gusti Ngurah Bagus Girindra GM, Toni Triyanto https://creativecommons.org/licenses/by/4.0
From Silencing to Resistance: A Legal Analysis of the Comprehensive Implementation and Integrated Design of Anti-SLAPP (Strategic Lawsuit Against Public Participation) in Indonesia
In various regions of Indonesia, SLAPPs have often befallen environmental activists, investigative journalists, human rights defenders, and indigenous peoples who are fighting for their customary land. Lawsuits filed by parties with economic or political power are often not based on strong legal substance, but rather are intended to tire, suppress, and intimidate public interest defenders. The approach used in this study is a type of normative legal research, namely based on analysis of library materials as data sources and legal principles and statutory regulations related to the problems being studied. The substance of the discussion includes the importance of the early dismissal mechanism as the main strategy in dealing with strategic lawsuit against public participation (SLAPP) cases, both in the criminal and civil realms. As well as the restorative justice approach in handling environmental cases, especially in the context of anti-SLAPP, by emphasizing that this mechanism can be an alternative to resolving cases that is more humane and does not burden environmental activists who are often positioned as suspects/defendants/convicts. This study is important to analyze the reality of the implementation of anti-SLAPP regulations legally, and to formulate recommendations for the formation of effective and contextual legal policies for law enforcement and protection of environmental activists in Indonesia.
Copyright (c) 2025 Aulia Rahman https://creativecommons.org/licenses/by/4.0
Effectiveness of the Law in Supervision of Goods and Services in the Body of the Police
Procurement in the body of goods and services of the National Police is currently carried out electronically since the enactment of Law Number 11 of 2008 concerning Electronic Information and Transactions has been given broad legal space. E-procurement as an information system is a synergy between data, data processing machines (which usually include computers, application programs, and networks), and humans to produce information. This study uses a normative legal approach method with analytical descriptive research specifications. Secondary data comes from primary legal materials, secondary law, and tertiary law, as well as legal expert sources. Data collection through a mixed method between field data and literature. Data processing is carried out qualitatively, then conclusions are drawn using the inductive method. Research problems are analyzed using the theory of legal protection, theory of legal systems, and theory of legal certainty. The results of this study indicate that the effectiveness of the law on procurement of goods and services in the National Police in terms of the effectiveness of its legislation by referring to the organizational perspective on government procurement of goods and services and the role of supervisory institutions in government procurement of goods and services. The data collection was carried out by literature study with legal materials, namely laws and regulations. Data obtained from the literature study were qualitatively analyzed from an empirical perspective. The results of the study show that the law governing the procurement of goods and services has not provided sufficiently strict sanctions, leading to violations still occurring. But with the existence of e-procurement, procurement of goods and services has become more transparent.
Copyright (c) 2025 John Evan William, Genhart Panjaitan, Andri Winjaya Laksana https://creativecommons.org/licenses/by/4.0
Advocates' Immunity Rights in Indonesia: Why this Protection is Often Forgotten
The right to immunity is a form of legal protection for advocates that guarantees that advocates as legal defenders cannot be prosecuted criminally, civilly, and administratively in carrying out their duties. However, several recent cases have highlighted the application of advocate immunity rights that show inconsistencies with the regulations. The research method used in this paper is normative juridical and data were collected through literature studies. The results of the study indicate that there is state recognition of the right to immunity for advocates through regulations in several laws and regulations. An example is the determination of a suspect by the Yogyakarta Regional Police against Meila, an advocate who was defending the rights of her client who was a victim of sexual violence, and questions regarding the limitations of the use of immunity rights in the case of Fredrich, former attorney for Setya Novanto who was involved in the e-KTP corruption case and was considered to have attempted to obstruct the investigation. These cases reflect the confusion of the concept of the application of immunity rights in Indonesia. This study aims to discuss the provisions of Indonesian law regarding the right to immunity for advocates and the role of immunity rights in supporting advocates in carrying out their professional responsibilities as law enforcers. In addition, this study examines the important role of immunity rights in supporting the legal process to run in an orderly manner in accordance
Copyright (c) 2025 D. Djunaedi https://creativecommons.org/licenses/by/4.0
The Role of Criminal Law as Protection of Human Rights Against Environmental Crimes
Environmental crimes not only damage ecosystems but also violate human rights (HAM), especially the right to a healthy environment. This article highlights how criminal law can be a tool for protecting human rights in the context of the climate crisis. Using a normative legal approach and case studies, this article discusses the effectiveness of criminal law in protecting the rights of communities, including indigenous peoples and future generations, from the impacts of environmental crimes. It is found that even though environmental criminal law is available, human rights protection through this mechanism is still weak due to an approach that emphasizes ecological losses rather than aspects of individual and collective rights. An approach is needed that places environmental rights as part of fundamental human rights. The policy of formulating criminal law in Indonesia to protect victims of environmental crimes in the future is to improve criminal sanctions and add sanctions such as restitution and compensation as part of the main crime. This is important to provide better protection to victims, especially in cases of environmental crimes by corporations. The addition of restitution and compensation sanctions is also regulated in environmental law, including the mechanisms and amounts of compensation. This concept must be regulated in implementing regulations to avoid uncertainty and harm to victims in implementation in the field.
Copyright (c) 2025 Naavi'u Emal Maaliki https://creativecommons.org/licenses/by/4.0
Problematics of Law Enforcement of Fishery Crimes Against Foreign Citizens Who Cause Damage to the Marine Environment
Global climate change is a problem that all countries are responsible for. Climate change is influenced by environmental damage caused by human actions, one of which is damage to the marine environment. In Indonesia, criminal provisions for perpetrators who commit marine crimes are regulated in Law Number 31 of 2004 concerning fisheries as amended by Law Number 45 of 2009. This article aims to determine the problems of law enforcement for marine crimes committed by foreign perpetrators that result in damage to the marine environment. The research used an empirical legal research method that uses data from interviews. Based on the Natuna District Court Case Tracking Information System, from 2020 to 2024, the Court has decided on 41 cases of marine crimes whose perpetrators are foreign citizens, and six of those decisions not only impose fines but also impose imprisonment in lieu of fines. With sufficient legal considerations, the Natuna District Court set aside the provisions of Article 73 paragraph 3 of the United Nations Convention on the Law of the Sea regarding the prohibition on imposing prison sentences or physical punishment on foreign nationals. The Government of the Republic of Indonesia must invite all countries to pay attention to the sustainability and life of the marine ecosystem by making agreements with related countries.
Copyright (c) 2025 Salihin Ardiansyah https://creativecommons.org/licenses/by/4.0
Legal Implications of the Concealment of the Origin of Assets in Money Laundering Criminal Offences
One of the crimes that often occur in Indonesia is money laundering. The problem that often occurs with perpetrators of money laundering is that they try to hide or disguise assets that are the result of criminal acts in various ways so that they are difficult to trace by law enforcement officers. This study aims to determine and analyze the construction of norms for concealing or disguising the origin of assets in money laundering crimes and to determine and analyze the legal implications of concealing or disguising the origin of assets in money laundering crimes. The approach method used in this study is the normative legal approach. The results of the study show that the regulation of norms on concealment or disguising the origin of assets in money laundering crimes in Indonesian legal provisions has not regulated further in the formulation of how to determine whether a person can be said to have concealed the origin of his assets in committing money laundering crimes, only to the extent of regulating that if a person hides the origin of assets there will be legal consequences, so it is necessary to create a regulation that can accommodate the vacuum of these legal norms in order to achieve legal certainty, one of which is the “follow the money approach” which attempts to find money/property/other wealth that can be used as evidence of the object of the crime.
Copyright (c) 2025 Angga Aidry Ghifari https://creativecommons.org/licenses/by/4.0
Legal Protection of Vulnerable Communities in Environmental Justice in the Climate Era
This study examines legal protection for vulnerable communities from the perspective of environmental justice and human rights in the era of climate change. Climate change exacerbates the vulnerability of marginalized groups, thus requiring a comprehensive legal approach. This study analyzes how existing legal and policy frameworks, both at the national and international levels, can effectively protect the rights of vulnerable communities affected by climate change. Environmental justice is the main focus of these frameworks, ensuring that environmental burdens are distributed fairly and do not disproportionately burden vulnerable groups. In addition, the study explores the role of corporate responsibility in climate change mitigation and adaptation, highlighting how business activities can impact the human rights of vulnerable communities. Stakeholder engagement, including consumers and investors, is considered essential in driving sustainable business practices. The study aims to identify gaps in current legal protections and propose policy recommendations to improve environmental justice and human rights for vulnerable communities in the era of climate change. It emphasizes the need for urgent action to protect groups most vulnerable to the impacts of climate change, considering ethical, social, and economic dimensions to achieve equitable and sustainable solutions.
Copyright (c) 2025 Indera Dewi https://creativecommons.org/licenses/by/4.0
Legal Review of Criminal Punishment of Perpetrators of the Criminal Acts of Theft with Violence Based on Social Justice (Decision Study Number: 470/Pid.B/2024/PN.Mtr)
This study examines the punishment of perpetrators of violent theft based on social justice, with the focus on Decision Number: 470/Pid.B/2024/PN.Mtr. The main issues raised are how the punishment process is applied, what are the weaknesses and solutions, and how judges consider making decisions. Indonesia as a country of law upholds the principles of justice and the supremacy of law, but crime, including violent theft, is still a serious challenge due to social pathologies such as economic inequality and lack of legal awareness. This study uses a normative juridical method with a descriptive analysis approach, collecting data from primary, secondary, and tertiary legal materials through literature studies and document studies. Data are analyzed qualitatively with deductive logic. The results of the study show that the judge’s decision tends to be formalistic and retributive, paying less attention to aspects of victim restitution and the socio-economic background of the perpetrator. The obstacles include the lack of normative guidelines, social pressure, and the lack of alternative sanctions oriented towards restorative justice. The solution includes the implementation of comprehensive restitution, checking the social background of the perpetrator, and systematically integrating a restorative approach to realize substantive justice that is more humane and in line with social justice.
Copyright (c) 2025 Edwin Isa Mahendra https://creativecommons.org/licenses/by/4.0
Law Enforcement Against Minors Who Commit Crimes from the Perspective of the Criminal Justice System
Children are the next generation of the nation and have a very important role to lead and advance the nation. Children often have problems when facing the law, which is an subject. This study aims to determine the legal handling of children who commit crimes. It uses an empirical sociological approach or an approach through direct surveys in the field and collects secondary data through library studies. The research specification used is descriptive analytical, which is an effort to analyze and explain legal problems related to objects with a comprehensive and systematic description of everything related to the handling of children in conflict with the law. Handling of children who commit crimes requires a different legal approach from the adult criminal justice system, namely prioritizing restorative justice in accordance with Law Number 11 of 2012. In its implementation, of course, there are significant obstacles that affect the smoothness of the handling process itself.
Copyright (c) 2025 Anis Mashdurohatun, Eko Budi Santoso https://creativecommons.org/licenses/by/4.0
The Right to Rehabilitation for Drug Addicts: Between Legal Provisions and Practical Reality in Indonesia
Indonesia has recognized narcotics-related crimes as extraordinarily serious crimes against humanity, thus requiring special, effective, and maximum enforcement measures. Efforts to tackle narcotics addiction demand appropriate policies and strategies to reduce the high rate of drug abuse in the country. Although Law Number 35 of 2009 on narcotics explicitly guarantees the right to rehabilitation for drug users for personal purposes (addicts), in practice, deviations still frequently occur. Therefore, the implementation of rehabilitation must be carried out consistently in accordance with the provisions of Articles 54, 103, and 127 of the Narcotics Law as well as Supreme Court Circular (SEMA) Number 4 of 2010, so that drug users can obtain optimal recovery and proper social reintegration, while also helping to alleviate the overcapacity burden in correctional facilities. This research employs a normative juridical approach. The data used in this study are secondary, obtained through a literature review. The results of the study are: (1) Although Law Number 35 of 2009 on narcotics explicitly guarantees the right to rehabilitation for drug users for personal use (addicts), there are still frequent instances of legal violations or misconduct by law enforcement officials in handling such cases, particularly involving individuals who use drugs for personal consumption. Non-compliance with these provisions by law enforcement has led to serious consequences, including new problems for the government—especially for the Directorate General of Corrections under the Ministry of Law and Human Rights—such as overcrowding in correctional institutions. (2) Ideally, the legal policy for individuals caught using narcotics for personal purposes should be to immediately place them in a rehabilitation center. During the judicial process until a verdict is issued, the individual should continue to receive care and treatment in the rehabilitation facility, in accordance with Articles 54 and 103 of the Narcotics Law and SEMA Number 4 of 2010.
Copyright (c) 2025 Aditya Narwanto https://creativecommons.org/licenses/by/4.0
Effectiveness of the Death Penalty as an Instrument of Legal Strengthening Against Drug Dealers
This study aims to examine and analyze the effectiveness of the application of the death penalty to drug dealers in the criminal law system in Indonesia and the obstacles and solutions in this topic. The method used is an empirical juridical legal approach which combines normative analysis of laws and regulations with the reality of their application in the field. Data were collected through document studies, interviews with law enforcement officers, and observations of a number of court decisions that imposed death penalty on drug offenders. The author uses the theories of law enforcement effectiveness and legal certainty to study this topic. Factors such as weak supervision systems, potential abuse of authority, and lack of consistency in law enforcement are the main obstacles. In addition, the death penalty also raises controversy in the context of human rights, especially the right to life. Therefore, an evaluation of the death penalty policy is needed, as well as strengthening a transparent and accountable justice system as part of a more effective drug control strategy. The government needs to reform the Narcotics Law to clarify the criteria for applying the death penalty so that it includes not only big dealers but also dealers involved in drug distribution networks at various levels, in order to provide legal clarity and ensure justice for all perpetrators. In addition, the effectiveness of its implementation must be supported by ongoing training and education for law enforcement officers to improve integrity and prevent errors in the sentencing process.
Copyright (c) 2025 Rizki Adi Pinandito, Muhammad Rafly Putratama https://creativecommons.org/licenses/by/4.0
Reconstruction of the Government's Role in a Dignity Justice-based Collegium
The regulation of the role of the government in collegium in Law Number 17 of 2023 concerning health has a different meaning and existence and role than the previous two laws. Therefore, there is a need to reconstruct the regulation of the role of the government in a collegium based on dignity justice, so that legal certainty, its usefulness, and justice can be felt by all Indonesian people. The formulation of the problem we propose is: Why is the regulation of the government’s role in collegium at this time not based on justice? What are the weaknesses of the government’s role in collegium at this time? And how is the regulatory reconstruction of the role of the government in a college based on dignity justice? The conclusions we can draw are: 1. The regulation of the government’s role in collegium in Indonesia at this time is not based on dignified justice. 2. Weaknesses of the Regulation of the Government’s Role in Collegium in Indonesia at this time from the substance of the law, namely, still overlaps and is not and is not yet specific, so it is not based on the dignity of the judiciary. The weakness of the regulation of the role of the government in collegium in Indonesia at this time from the legal structure, with a limited knowledge and understanding of law enforcement officials. Their way of thinking and acting is still not fair so this is not based on dignified justice. The weakness of the regulation of the government’s role in Collegium in Indonesia at this time from the legal culture, namely, the legal culture in Indonesia today is still thick with the culture of “ewuh pekewuh”. The culture of maintaining people’s feelings so that they do not dare to voice the truth even though injustice occurs in front of our eyes. In addition, the understanding and awareness of health law is still not high, so that the Government’s Role Regulation in Collegium in Indonesia is currently not based on dignity justice. 3. Reconstruction of the value of the government’s role Rrgulation in Collegium in Indonesia based on dignity justice is to provide balanced legal protection to all people. The reconstruction of the legal norms of Article 421 paragraph (2) part b of Law Number 17 of 2023 concerning health can result in a Regulation on the Government’s Role in Collegium in Indonesia that humanizes humans so that the benefits of law, legal certainty, and the side of justice can be felt by all levels of society.
Copyright (c) 2025 Abid Naufal Zakiy https://creativecommons.org/licenses/by/4.0
Legal Protection for Children as Perpetrators of Sexual Violence
Children as perpetrators of sexual violence crimes presents a complex dilemma in the Indonesian criminal justice system. On the one hand, there is a need to provide justice for victims and enforce the law, but on the other hand, the state is obliged to provide special protection for children involved in the law based on the Child Criminal Justice System Law (UU SPPA). Children in conflict with the law, whether due to coercion, ignorance, or environmental factors, require a different approach from adult perpetrators. This research is normative legal research using a statutory and conceptual approach. Data collection was carried out through a literature study of primary legal materials such as laws and regulations, secondary legal materials in the form of books and scientific journals, and tertiary legal materials. The results of the study show that the legal system in Indonesia has adopted the principle of the best interest of the child through diversion and restorative justice mechanisms. Legal protection is provided at every stage of the trial, from investigation to post-decision guidance, with a focus on rehabilitation rather than retribution. Child perpetrators can be subject to action, not criminal sanctions in prison, which are adjusted to their age and level of guilt. However, its implementation still faces challenges such as social stigma, limited capacity of foster institutions, and harmonization between the rights of children as perpetrators and the rights of victims.
Copyright (c) 2025 Achmad Arifulloh https://creativecommons.org/licenses/by/4.0
Child Criminal Justice System in Islamic Law and the Convention on the Rights of the Child: A Comparative Study Between Indonesia, Iran, and Pakistan
This study examines the dynamic interaction between Islamic law principles and the Convention on the Rights of the Child (CRC) in the juvenile criminal justice system, with a comparative study focusing on Indonesia, Iran, and Pakistan. Islamic law, through the concepts of bulugh and Ta’zir, aims at the correction and improvement (ishlah) of minors. The CRC, on the other hand, sets a standard age of 18 years, prohibits the death penalty/life imprisonment, and encourages rehabilitation, diversion, and non-custodial treatment. Using descriptive-comparative and analytical-normative legal methods, the study analyzes the laws and practices of the three countries. The results show significant variations: Indonesia has been relatively successful in integrating the values of the CRC and Islamic Law in the 2012 Juvenile Justice Act, prioritizing diversion and training. In contrast, Iran faces serious conflict because the Shia interpretation allows hudud and qisas punishments for children under 18, leading to executions in contravention of the CRC. Pakistan, despite having progressive legislation ( JJSA 2018) in line with the CRC, has shown poor implementation, characterized by inconsistent definitions of children, inhumane treatment by authorities, minimal diversion, and poor conditions of excluded facilities. The discussion underlines that harmonization of these two legal frameworks is highly dependent on flexible interpretation and effective implementation. As a suggestion, Indonesia needs to continue to improve the SPPA Law. Iran should reform its laws to abolish the death penalty for children and align the age of responsibility. Pakistan urgently needs drastic improvements in standardizing the definition of children, improving remote conditions, and training law enforcement officers to realize comprehensive child rights protection.
Copyright (c) 2025 Moh. Aris Siswanto https://creativecommons.org/licenses/by/4.0
Depenalization of the Threat of Death Penalty Sanctions for Perpetrators of Corrupt Criminal Acts Based on the Values of Justice
Corruption is considered an extraordinary crime that has a negative impact on the economy, state stability, and public trust, damaging governance, public services, development, and social inequality. Based on Law Number 46 of 2009 concerning the Corruption Court, corruption cases must be tried in the Special Corruption Court within its jurisdiction. The focus of the study is to explain how the death penalty for corruption is constructed in the concept of legal certainty and how the depenalization of the threat of the death penalty for perpetrators of corruption are based on the value of justice. The purpose of this study is to determine and analyze the construction of the death penalty and the form of de-escalation of the threat of the death penalty for perpetrators of corruption. The research used a normative method (normative law research) and a normative case study in the form of legal behavior products and data obtained through literature studies. Emphasis was placed on secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Related to the context of legal certainty, the structure of the death penalty for corruption shows a significant discrepancy between the written legal standards and the applied judicial practices. According to Article 2 Paragraph 2 of Law Number 20 of 2001 concerning the Eradication of Corruption, perpetrators of corruption can be sentenced to death in several cases. However, the word “can” used in the provision indicates that the application of the death penalty is optional and not mandatory. Based on the value of justice, the depenalization policy is not always effective in protecting perpetrators of corruption from the threat of the death penalty. Because the death penalty is often considered inhumane and does not guarantee a reduction in the level of corruption, this policy is considered to better reflect human rights and substantive justice. Depenalization allows for a more constructive and reformist approach by emphasizing the recovery of state assets, prevention, and proportional punishment.
Copyright (c) 2025 Bambang Tri Bawono, Jamaludin Malik https://creativecommons.org/licenses/by/4.0
The Criminal Fine in Class I Narcotics Crime
The occurrence of drug crimes are the cause of various categories of criminal acts and directly affect society, the younger generation, especially drug users themselves. Drug crimes are a form of victimless crimes, which are crimes where the relationship between the perpetrator and the victim is not visible. There are no target victims, because all parties are involved and included in the crime, becoming both perpetrators and victims of the crime. The research method used is sociological juridical, studying the legal reality experienced in the field or is based on problems regarding legal matters and existing realities. Narcotics crimes are considered not to have met the purpose of punishment. A large amount of criminal fines is not carried out by the convict by providing a deterrent effect for the convict. It is expected that paying the criminal fine to the state is not achieved with the convict preferring his imprisonment. For the implementation of criminal fines to run effectively, there should be a balance between the amount of the criminal fine and the length of the substitute prison sentence, especially considering the ability of the convict to pay the fine that has been set.
Copyright (c) 2025 Fardika Izzati Nurrilah, Andri Winjaya Laksana https://creativecommons.org/licenses/by/4.0
Legal Protection for Journalists During Armed Conflicts According to the Provisions of the Fourth Geneva Convention: An Applied Study of the 2023 Israeli Aggression on the Gaza Strip
This article examines the legal framework for the protection of journalists during armed conflict in light of the rules of international humanitarian law, particularly the Geneva Conventions and their additional protocols. It highlights the grave risks faced by journalists in conflict zones which may include direct targeting despite their status as civilians who must be respected and protected. The 2023 attack on the Gaza Strip witnessed unprecedented violations against journalists, with more than 219 journalists killed and dozens of media organizations directly targeted and destroyed. These acts constitute a flagrant violation of international humanitarian law and warrant consideration for their classification as war crimes and possibly even crimes against humanity, if proven to be intentional and systematic. This article presents the legal frameworks governing the protection of journalists, particularly in the Gaza Strip and the Palestinian territories during the 2023 assault on the Gaza Strip. It reviews the legal accountability mechanisms available to halt Israeli violations against journalists during the war and to prosecute those responsible for these violations, including through the International Criminal Court. Furthermore, it explores the principle of universal jurisdiction, which allows states to prosecute Israeli officials for these violations if they are arrested. In addition, there are international commissions of inquiry, along with human rights and media organizations, that document these violations and disseminate them through local, regional, and international media outlets, thus calling for those responsible to be held accountable. This article emphasizes that continued impunity poses a threat to the principle of protecting journalists and encourages the recurrence of violations. It calls for serious international action to ensure the protection of journalists, as they are the first line of defense for the truth during armed conflicts, especially Palestinian journalists who convey the truth and expose the crimes of the Israeli army during the assault on the Gaza Strip.
Copyright (c) 2025 Mahmoud W M Abuwazna, Areej N J Dokhan https://creativecommons.org/licenses/by/4.0
Mechanism of Goods and Services Procurement Implementation from the Perspective of Legal Certainty in Natuna Police Station
The procurement of government goods and services is an integral part of state financial management, which must be carried out in a transparent, efficient, and accountable manner to support the performance of public services. In the context of law enforcement agencies, such as the National Police, procurement plays an important role in supporting institutional operations, especially in strategic areas such as the Natuna Police in border areas. However, in practice, procurement implementation often faces various administrative, technical, and structural obstacles that have implications for legal certainty. This research aims to analyze the mechanism for implementing the procurement of goods and services at the Natuna Police Station from the perspective of legal certainty, as well as identify inhibiting factors and efforts to strengthen them. This study uses an empirical juridical approach using a qualitative method. The approach used includes a statute approach to analyze applicable regulations, a case approach to procurement practices at the Natuna Police Station, and a conceptual approach to understanding relevant legal principles. Data were obtained through interviews, observations, and the study of documents and regulations related to the implementation of procurement. The theories used as knives for analysis are Sudikno Mertokusumo’s Legal Certainty Theory and Lawrence M. Friedman’s Legal System Theory. The results show that although the Natuna Police has referred to Presidential Regulation No. 16/2018 and internal police regulations, there are still structural constraints, unsynchronized regulatory substances, and a weak culture of legal compliance. Therefore, strengthening the supervisory system, digitizing procurement, and increasing the capacity of human resources are important steps in ensuring legal certainty in the implementation of procurement.
Copyright (c) 2025 ‎ Darwinsyah, Denny Suwondo https://creativecommons.org/licenses/by/4.0
Legal Analysis of Criminal Responsibility for Perpetrators of the Criminal Act of Extortion Committed Together (Case Study of Decision at Central Jakarta District Court Number 32/PID. B/2024/PN. JKT PST)
Crime is a form of behavior that is contrary to human morals (immoral), detrimental to society, asocial in nature, and in violation of laws. It is a social reality, and the problem of crime cannot be avoided and is always there, so it is natural that it causes unrest. One form of crime is extortion. Extortion is an act of selfishness that uses violence or threats against others to receive or achieve something. The main element of the crime of extortion, namely whether an act is included as a crime of extortion, is determined by the existence of intent or the will of the perpetrator to force another person by force, violence, or threats, to do or not do something. The approach method used is normative juridical, namely a library legal research conducted by examining library materials or secondary data only using deductive thinking methods. The writing specifications use descriptive analysis, and the sources and types of data used are primary and secondary data. The data were collected using secondary data collection methods. The problem is analyzed with the theory of criminal responsibility, and the theories of Pancasila justice and Islamic justice. Criminal liability for the perpetrators of extortion in Decision Number: 32/Pid.B/2024/PN JKT PST has fulfilled the value of criminal liability in accordance with the provisions of the actus because the defendant, namely ARF alias Jawa, has committed a prohibited act in accordance with that contained in Article 368 of the Criminal Code in conjunction with Article 55 Paragraph (1) Ke-1 of the Criminal Code, has been legally proven and guilty of committing the crime of theft, which is regulated and threatened with imprisonment of 1 year and 6 months each. The judge’s considerations in applying criminal provisions to the perpetrators in this case have been appropriate where the judge has considered both legal and non-legal considerations, facts in the trial, witness statements, existing evidence, and the judge’s conviction.
Copyright (c) 2025 Firman Safrul, Ade Riusma Ariyana https://creativecommons.org/licenses/by/4.0
Reconstruction of Adult Age Regulations for Indonesian-based Population Dignity Justice
Adult age regulations for Indonesian residents are currently not based on dignity justice. This is because of the positive law that applies in Indonesia, where majority age is generally 18 years old. However, the provisions related to the age of adulthood or the age limit of children in Indonesia are regulated differently in laws and regulations. For this reason, it is necessary to reconstruct the adult age regulation for the Indonesian population. The formulation of the problem in this paper is: Why is the regulation of the age of adulthood for the Indonesian population currently not based on dignity justice? What are the weaknesses of the adult age regulation for the Indonesian population at this time? How reconstruction of adult age regulations for the Indonesian population based on dignity justice? Conclusion :1. Adult age regulations for the Indonesian population at this time are not based on dignity justice. 2. Weaknesses of adult age regulations for the Indonesian population at this time from the legal substance, namely, the regulation of adult age for the Indonesian population is still not uniform. The weakness of the legal structure is that there is still limited knowledge and understanding among law enforcement officials in health law. The weakness of the regulation of the adult age for the population in Indonesia at this time from the legal culture is that the legal culture in Indonesia today is still thick with the culture of “ewuh pekewuh”, the culture of maintaining people’s feelings so that they do not dare to voice the truth even though injustice occurs in front of our eyes. 3. Reconstruction of the value of justice of adult regulation for the Indonesian population based on dignity justice is to provide balanced legal protection to the entire community. The reconstruction of the legal norms of Article 150 of Law Number 1 of 2023 concerning the Criminal Code can result in adult age regulations for the Indonesian population in terms of legal benefits, legal certainty, and justice for society.
Copyright (c) 2025 Yuliana Sri Warastuti https://creativecommons.org/licenses/by/4.0
Judges' Decisions Under the Minimum Criminal Penalty in Law Enforcement of Drug Crimes Based on the Perspective of Legal Certainty and Justice
This study aims to find out and analyze the judge’s decision under the minimum criminal threat in law enforcement of narcotics crimes based on the perspective of legal certainty and justice. It uses a normative legal approach method that is descriptive analytical in nature. The data used are secondary data obtained through literature studies, which are then analyzed qualitatively. Based on the study, it is concluded that the imposition of a Judge’s decision below the minimum criminal threat in the enforcement of narcotics crime law shows a complex dynamic between legal certainty and justice. Narcotics crime is a serious issue that requires strict law enforcement. But the individual context of each case must also be considered. Legal certainty demands consistency and clarity, while the imposition of a decision below the minimum threat can raise doubts about justice. Judges need to consider mitigating factors, and a fair decision can reflect human values. It is important for judges to consider these aspects carefully in order to create a balance between legal certainty and justice.
Copyright (c) 2025 I Dewa Gede Semara Putra, Sri Endah Wahyuningsih https://creativecommons.org/licenses/by/4.0
Reformulation of Criminal Law Policy in Combating Corruption in Government Procurement of Goods and Services
Corruption in government procurement of goods and services is a form of abuse of power that is very detrimental to state finances and hinders national development. This sector is vulnerable to corruption because it involves a large budget, and has a transactional relationship between public officials and the private sector. This study aims to analyze the gaps in corruption in the procurement of goods and services and to formulate ideal policies in the future. The method used is normative legal research with a legislative, case, historical, and conceptual approach. The results of the study show that corruption in procurement not only occurs at the implementation stage but also during the planning and selection process of providers. The forms of corruption include abuse of authority, collusion, bribery, and structured and systematic tender engineering. The Corruption Law has not been fully able to reach the structural dimensions of these corrupt practices, and there is even a disparity in sanctions between private actors and state officials. Therefore, it is necessary to reform the articles in the Corruption Law to make them fairer and more proportional. In addition, strengthening the integrated e-procurement system based on digital transparency must be part of a preventive policy to close the gaps in manipulation in public procurement.
Copyright (c) 2025 Reza Aditya Wardana https://creativecommons.org/licenses/by/4.0
Strengthening the Cadre and Recruitment Function of Political Parties in the General Elections in the Democratic State of Indonesia
One of the functions of political parties is to conduct political recruitment to prepare prospective leaders who are chosen through general elections and regional head elections. Candidates proposed by political parties often come from outside the party. This happens because political cadreship and recruitment do not run well. The problem discussed is the process of cadre formation by political parties in facing elections and the process of political party recruitment in general elections in the democratic country of Indonesia. The research method used is normative juridical with secondary data, which is analyzed qualitatively then presented descriptively. The results of this study show that the process of political party cadre formation is not running well, such that political parties face difficulties approaching the election because there are no party cadres who have the competence and quality to be ready to compete in legislative elections, presidential and vice presidential elections, and regional head elections. Therefore, political parties must prepare a cadre formation program by preparing a curriculum that serves as a guideline in the cadre formation process in order to obtain competent, qualified, and integrated cadres.They are the ones who will be recruited to be nominated or included in political contests through general elections and regional head elections to become legislative members, presidents and vice presidents, and regional heads and deputy regional heads. Good cadreship and recruitment will produce good leaders.
Copyright (c) 2025 ‎ Widayati, ‎ Winanto, Moh. Nurul Huda https://creativecommons.org/licenses/by/4.0
Fighting Termination of Investigation Using Universal Sweeping Methods PMH Lawsuit
Police officers must act professionally, carefully, and cautiously when stopping an investigation from a report from the public, by stating that they did not find a criminal act in the report, so as not to harm the law that is just. Legal efforts to fight the act of stopping the investigation when there are indications that it is not carried out professionally, carefully, and cautiously, even if it is felt that there is an interest of the investigator or the investigator’s superior or a certain party who has very strong economic or political power, is not regulated by Law Number 8 of 1981 concerning Criminal Procedure Law. This study aims to find a legal breakthrough to fight the termination of the investigation in a case that is indicated as a criminal act. This study was conducted with a legislative and conceptual approach. From analyzing the results of the discussion, it can be seen that a lawsuit for unlawful acts based on Article 1365 of the Civil Code can be used as a court order to ’force’ investigators to continue the investigation process to the investigation stage, so that justice, which is the crown of law enforcement, can be achieved.
Copyright (c) 2025 Dwi Wahyono https://creativecommons.org/licenses/by/4.0
Legal Protection for Children Who Experience Psychological, Emotional, and Moral Abuse in Society
This research examines the framework of legal protection for children who are victims of psychological, emotional, and moral abuse in society. While physical and sexual abuse often receive the most public and legal attention, these non-physical forms of abuse have damaging and often invisible impacts that can fundamentally hinder a child’s development. This study analyzes existing legal instruments, both international and national, to identify the extent of available legal protection and the challenges in its enforcement. Theoretically, legal protection against non-physical abuse of children is rooted in the principles of child human rights, recognized in the UN Convention on the Rights of the Child (CRC) and child protection laws in many countries. However, this research finds that legal implementation on the ground faces several significant challenges. These challenges include: 1) Lack of clear definitions: Psychological, emotional, and moral abuse are often difficult to define legally, making them challenging to prove in court. 2) Invisible nature: Non-physical forms of abuse leave no physical marks, which complicates evidence gathering and often leads to cases not being taken seriously. 3) Challenges in proving cases: The subjective nature of non-physical abuse makes proof complex, as it often relies on the testimony of a vulnerable child or indirect evidence. 4) Lack of awareness: There is a lack of awareness among the public, law enforcement officials, and even parents about the dangers of non-physical abuse to children. This study concludes that effective legal protection for children who are victims of non-physical abuse requires a multidisciplinary approach. It is crucial to enact legal reforms to provide clearer definitions and stronger sanctions, enhance training for law enforcement officials, and build robust psychological and social support systems for children. Additionally, public awareness campaigns are needed to change perceptions and encourage society to be more sensitive to these hidden forms of abuse, ensuring every child can grow up in a safe and supportive environment.
Copyright (c) 2025 ‎ Setyawati https://creativecommons.org/licenses/by/4.0
Criminal Law Reform in Addressing Electronic Transactions Offense in Indonesia
The enforcement of criminal law concerning electronic transaction crimes in Indonesia faces multifaceted challenges, including normative, structural, and technological obstacles. Although legal frameworks such as the Electronic Information and Transactions Law (Law No. 11 of 2008, as amended) and the new Indonesian Penal Code (Law No. 1 of 2023) address certain aspects of cybercrime, these regulations fall short in responding to the evolving complexity and transnational nature of digital offenses. This paper argues that a comprehensive and systemic reform of the criminal justice system is urgently needed. Such reform must include the development of adaptive legal norms, enhancement of law enforcement digital capacities, improvement of inter-agency coordination, and the digital transformation of criminal judicial procedures. By adopting retributive, restorative, and distributive justice approaches, Indonesia can strengthen its legal resilience and ensure equitable access to justice in the digital era.
Copyright (c) 2025 Ahmad Muzakka https://creativecommons.org/licenses/by/4.0
Legal Analysis of the Waiver of Unlawful Elements in Corruption Cases (Study of Supreme Court Decision of the Republic of Indonesia Number 3968 K/Pid.Sus/2023)
Corruption is a serious crime with wide-ranging impacts, where Article 2 paragraph (1) of the Corruption Eradication Law (UU Tipikor) requires the element of “unlawfully”. After the Constitutional Court Decision No. 003/PUU-IV/2006, this element was limited to the formal meaning. However, in practice, there is a disregard for the unlawful element in corruption cases. The case study of the Supreme Court Decision of the Republic of Indonesia Number 3968 K/Pid.Sus/2023 shows differences in interpretation between the public prosecutor and the judge, such as in the Juanda Prastowo case where the unlawful element of Article 2 paragraph (1) was disregarded by the judge from the first level to the cassation, and the Defendant was sentenced based on Article 3 of the Tipikor Law. This study aims to examine the application of the unlawful element in Article 2 paragraph (1) of the Tipikor Law, the judge’s consideration factors in disregarding it, and the implications of the decision. The normative-empirical legal research method was used with a case study and legislation approach, analyzed qualitatively. The results of the study showed that the Public Prosecutor based the indictment of Article 2 paragraph (1) on the fulfillment of formal unlawful elements (violation of the Presidential Decree on Procurement of Goods/Services). However, the judges up to the Supreme Court set it aside with the consideration of lex specialis derogate legi generalis, assessing that the Defendant’s actions as a PPK were more appropriately charged with Article 3 of the Corruption Law. This decision has the potential to increase the difficulty of proving the “unlawfully” element of Article 2 paragraph (1) of the Corruption Law in the future.
Copyright (c) 2025 Anrinanda Lubis https://creativecommons.org/licenses/by/4.0